 | 1848 - 700 pages
...course, untouched. The commissioners inform us that § 208, which provide? that " whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury," is intended to extend the right to other... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1848 - 726 pages
...course, untouched. The commissioners inform us that § 208, which provides that " whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury," ia intended to extend the right to other... | |
 | Commerce - 1848 - 696 pages
...course, untouched. The commissioners inform us that § 208, which provides that " whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury," is intended to extend the right to other... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...we have thought it best to employ this, in its proper acceptation. § 208. "Whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury, unless a jury trial be waived, as provided... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...provided in sections 335 and 336. Amended Code, ft 253 and 254. § 761. An issue of fact, in an action for the recovery of money only, or of specific real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury, unless... | |
 | New York (State), Member of the New-York Bar - Civil procedure - 1851 - 410 pages
...complaint. If the taking of an account or the proof of any fact be necessary to enable the court to give judgment, or to carry the judgment into effect, the...recovery of money only, or of specific real or personal properly, with damages for the withholding thereof, the court may order the damages to be assessed... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...complaint. If the taking of an account or the proof of any fact be necessary to enable the court to give judgment, or to carry the judgment into effect, the...its discretion, order a reference for that purpose. Jlndwhere the action is for the recovery of money only, or of specific real or personal property, with... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...complaint. If the taking of an account or the proof of any fact be necessary to enable the court to give judgment, or to carry the judgment into effect, the...its discretion, order a reference for that purpose. Anduohere the action is for the recovery of money onhi or of specific real or personal property, with... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...it be referred, as provided in sections 270 and 271. An courtH49enis5i *ssue °ffact> l'n an action for the recovery of money only, or of specific real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by fac?,etrfed... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...establish this option more conclusively still. Sections 253, 254, declare that whenever in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury, unless a jury trial is waived or a reference... | |
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And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account be involved, by a reference as above provided;... 
