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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. "
The Northwestern Reporter - Page 213
1898
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - 1851 - 544 pages
...Issues of law must he tried by the court. Issues of fact, arising in actions by ordinary proceedings for the recovery of money, or of specific real or...be tried by a jury, unless a jury trial is waived. § 355. AH other issues of fact, whether arising in ordinary or equitable proceedings, shall be tried...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - 1851 - 548 pages
...Issues of law must be tried by the court. Issues of fact, arising in actions by ordinary proceedings lor the recovery of money, or of specific real or personal...be tried by a jury, unless a jury trial is waived. § 855. All other issues of iact, whether arising in ordinary or equitable proceedings, shall be, tried...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - 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 by the court...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...it be 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, the issues...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 11

Nathan Howard (Jr.) - 1856 - 612 pages
...be tried by a jury, or may refer it, as provided in $§270,271. This case, not being one which must be tried by a jury, unless a jury trial is waived, or unless referred, the issue therein appropriately belongs to the court to try — and must be tried...
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The Revised Code of the District of Columbia

District of Columbia - 1857 - 788 pages
...the court, unless it be referred by consent, as provided by statute. An issue of fact in any action for the recovery of money, or of specific real or...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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Digest of the Laws of California: Containing All Laws of a General Character ...

William H. R. Wood - 1857 - 834 pages
...be 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, the issues of...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California, Henry Jacob Labatt - 1858 - 586 pages
...unless 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, the issues...
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The Statutes of the Territory of Kansas

Kansas - 1858 - 482 pages
...judicial examination of, 1O7 of law, to be tried by court, unless referred, 107 of fact, in action for the recovery of money, or of specific, real or' personal property, to be tried by a jury, unless a jury trial be waived, or a reference be ordered, 107 in other actions,...
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General Laws of the Territory of Kansas

Kansas - 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,...reference be ordered, as hereinafter provided. SEC. 275. That all other issues of fact shall be tried by the Bj»j«y. court, subject to its power to order...
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