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" In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, an issue of fact must be tried by a jury, unless a jury trial... "
A Treatise on Code Pleading and Practice: Also Containing 1900 Forms Adapted ... - Page 701
by William Angus Sutherland - 1910
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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 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 - 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, the issues...
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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 as provided in this act. Where there are issues both ofbirand fact to the same complaint, the issues...
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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, the issues...
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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 same. court,...
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General Laws of the Territory of Kansas

Kansas - Session laws - 1859 - 728 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 Bj»j«y. court,...
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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 to its...
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The California Practice Act: Being an Act Entitled "An Act to Regulate ...

California - Civil procedure - 1860 - 388 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, the issues...
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