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" ... an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this code. "
Reports of Cases Heard and Determined in the Appellate Division of the ... - Page 723
by New York (State). Supreme Court. Appellate Division - 1922
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Laws of the State of New York, Volume 3

New York (State) - Session laws - 1920 - 1190 pages
...pre-^,,,,, scribed in this article, is triable, of course and of right, by a jury, ' 1958< as if it were an action in which the complaint demands judgment for a sum of money only, and without procuring an order of the court defining the issues. § 139-a. Judgment-roll and effect...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...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 be ordered, and that every other issue (including of course those in suits for a divorce) is triable...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - Law - 1853 - 1108 pages
...referred, upon consent, as provided in chapter vi. of this title. SEC. 155. An issue of fact shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as provided in this act. Where there are issues both of law and fact to the same complaint,...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 11

Nathan Howard (Jr.) - Civil procedure - 1856 - 612 pages
...three modes of trial of issues of fact — by jury, by the court, and by referees. Issues of fact which must be tried by a jury, unless a jury trial is waived, or unless referred by consent or order of the court, are such as are raised in actions for the recovery...
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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - Law - 1857 - 834 pages
...preferrol. upon assent, as provided in chapter six of this title. (2) Sec. 155. An issue of fact shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as provided in this act. Where there are issues both ofbirand fact to the same complaint,...
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The Revised Code of the District of Columbia

District of Columbia - Law - 1857 - 788 pages
...issue of fact in any action for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or 8 reference be ordered, as provided by statute. SEC. 5. All other issues of fact shall be tried by...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - Civil procedure - 1858 - 586 pages
...it be referred, upon consent, as provided in chapter six of this title. 155. An issue of fact shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as provided in this act. Where there are issues both of law and fact to the same complaint,...
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The Statutes of the Territory of Kansas

Kansas - Law - 1858 - 482 pages
...fact arising in action, for the recovery of money, or of specific real or personal property, shall be tried by a jury, unless a jury trial is waived, or a reference be ordered, as hereinafter provided. SEC. 264. That all other issues of fact shall be tried by the...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859 - 726 pages
...fact arising in action, for the recovery or' money, or of specitic, real or personal property, shuil be tried by a jury, unless a jury trial is waived, or a reference be ordered, as hereinafter provided. SEC. 275. That all other issues of fact shall be tried by the...
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Laws, Joint Resolutions, and Memorials Passed at the Regular Session of the ...

Nebraska - Session laws - 1859 - 464 pages
...law must bo tried by the court, unless court. referred as provided in section two huminid and eighty. by a jury, unless a jury trial is waived, or a reference be ordered as hereinafter provided. § 263. All other issues of fact shall be tried by the court, subject...
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