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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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Session Laws of the State of Washington

Washington (State) - 1893 - 594 pages
...i-'rtai'n'SLre SEC. ^' ^n 'ssue of fact> m an action for the recovery or issue of fact. of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees....
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The New York Code of Civil Procedure ...

1894 - 970 pages
...the entry of an order. ,§968. [am'd 1877.] In each of the following actions, an issue of fact tost be tried by a jury, unless a jury trial is waived, or a reference is ftcled: 1. An action, in which tbe complaint demands judgment for a sum ot '""') <"' '.*'• i An...
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A Treatise Upon the Law of Pleading Under the Codes of Civil Porcedure of ...

Philemon Bliss - 1894 - 858 pages
...substantially the same issues is were so triable before their adoption — that is, issues of fact in actions for the recovery of money or of specific real or personal property. This provision covers all the issues of fact in common-law actions,2* and probably a few others: as,...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 14

Montana. Supreme Court - 1895 - 666 pages
...decided is found in the Code of Civil Procedure adopted in 1867, aud reads as follows: "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 Code of Civil Procedure of the State of New York: The Twenty-three ...

New York (State) - 1895 - 1154 pages
...triable by a jury. [AMENDED BY CH. 416 OF 1877.] In each of the following actions, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is directed : 1. An action in which the complaint demands judgment for a sum of money only. 2. An action...
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Reports of Cases in the Supreme Court of Nebraska, Volume 50

Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - 1897 - 1044 pages
...preserved. On the other hand, it was not curtailed. By section 280 of the Code it is provided that "issues of fact arising in actions for the recovery...or a reference be ordered as hereinafter provided." Section 281 provides: "All other issues of fact shall be tried by the court, subject to its power to...
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The American Law Register and Review, Volume 45

1897 - 914 pages
...in accordance therewith the Code of Civil Procedure of Montana provides that "an issue of (act must be tried by a jury, unless a jury trial is waived, or a reference is ordered by consent of the parties ; ' ' and that that code authorized the court in which a trial...
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The Minnesota Law Journal, Volume 5

1897 - 260 pages
...in accordance therewith the Code of Civil Procedure of Montana provides that "an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered by consent of the parties;" and that that code authorized the court in which a trial is...
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The Encyclopaedia of Pleading and Practice: Under the Codes and ..., Volume 12

1898 - 1094 pages
...After Waiver and Objection of Parties — Notwithstanding a statutory provi sion that an action must be tried by a jury unless a jury trial is waived or a reference ordered, etc., where both parties waive a jury the court, against protest and objection, may call a...
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The Encyclopaedia of Pleading and Practice: Under the Codes and ..., Volume 14

1899 - 1224 pages
...the Ohio Revised Statutes, providing that issues of fact arising in actions for real property should be tried by a jury, unless a jury trial is waived or reference be ordered, did not apply to the action. Gill v. Pelkey, 54 Ohio St. 348. 3. In Hancock v....
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