 | Law - 1890 - 542 pages
...fact in an action not specified in section 968, or wherein trial by jury is not expressly provided, must be tried by the court, unless a reference or a jury trial is directed. Held, that an action by a stockhofder of a corporation to restrain its trustees from payfng salaries... | |
 | New York (State) - Law - 1876 - 398 pages
...an what isaction not specified in the last section, or wherein provision for a trial triabie'bV by a jury is not expressly made by law, must be tried by the court, the court. unless a reference or a jury trial is directed. § 970. Where a party is entitled, by the... | |
 | New York (State), William Wait - Civil procedure - 1877 - 662 pages
...issue of fact, in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by...court, unless a reference or a jury trial is directed. Code Pro., parts of §§ 253 and 254. See Wait's Code, 448^45; 3 Wait's Pr. 212, 227. It was never... | |
 | Nathan Howard (Jr.), Rowland M. Stover - Civil procedure - 1878 - 678 pages
...court, in the exercise of the newly conferred power, should revoke the order of August twenty-ninth, and substitute therefor an order of reference. Section...motion as well as upon the application of either party. Batzel agt. Batzel. quently it falls within the exception contaiued in section 969 ; and secondly,... | |
 | Law reports, digests, etc - 1878 - 680 pages
...omfcsion, as appears from tho note of Commissioner Throop, was purposely made. Equally true it is that § 969 provides that an issue of fact in an action not...by the Court, unless a reference or a jury trial is desired; and that under § 1013 all actions triable by the Court without a jury may be referred at... | |
 | New York (State) - 1879 - 436 pages
...issue of fact, in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by...court, unless a reference or a jury trial is directed. § 970. Where a party is entitled, by the Constitution, or by express provision of law, to a trial,... | |
 | New York (State) - 1881 - 1532 pages
...issue of fact, in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by...court, unless a reference or a jury trial is directed. Co. Proc. . portions ofJJZWand 2M. Mccarty r. EdwnrcU, 21 How. OS ; McMahon t . Allen, 10 Id. 3*1 ;... | |
 | Austin Abbott - Civil procedure - 1883 - 602 pages
...issue of fact, in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by...court, unless a reference or a jury trial is directed." " §970. Where a party is entitled, by the constitution, or by express provision of law, to a trial,... | |
 | New York (State), Charles David Rust - Civil procedure - 1885 - 814 pages
...issue of fact in an «'lion îlot specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by the court, unless a rclVivme or a jury trial is directed. § 970. [am'd 1877.] Where a party is entitled, by the Constitution,... | |
 | 1887 - 1038 pages
...Section 969 provides that "An issue of law, and an issue of fact, in an action not specified in the last section, or wherein provision for a trial by jury...court unless a reference or a jury trial is directed." Section 970 provides that "Where a party is entitled by the Constitution or by express provision of... | |
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An issue of law, in any action, and an issue of fact in an action not specified in the last section, or wherein provision for a trial by a jury is not expressly made by law, must be tried by the court, unless a reference or a jury trial is directed. 
