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" ... when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried ; and such order shall be the only authority necessary for a... "
Reports of Cases Argued and Determined in the Superior Court of the City of ... - Seite 662
von Joseph S. Bosworth, New York (State). Superior Court (New York) - 1861
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Laws of the State of New York, Band 1

New York (State) - 1849 - 864 Seiten
...is to be tried triauobstituby a jury, an order for the trial may be made, stating, distinctly ted' and plainly, the question of fact to be tried, and...shall be the only authority necessary for a trial. TITLE II. Of the time of commencing Oivil Actions. CHAPTER I. Actions in general. II. Actions for the...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - 1848 - 672 Seiten
...j3,™ issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly...such order shall be the only authority necessary for the trial. TITLE II. OF THE TIME OF COMMENCING CIVIL ACTIONS. CHAPTER I. Actions in general. II. Actions...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - 1848 - 904 Seiten
...issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order the question of fact to be tried, and such order shall be the only authority necessary for the trial. That it may be seen, what this will abolish, and what we propose to substitute instead,...
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The Jurist, Band 13,Teil 2

1850 - 556 Seiten
...by the pleadings, is to be tried by a jury, an order for the trial may be made, statingjjUstinctly and plainly, the question of fact to be tried, and...shall be the only authority necessary for a trial." Title VI is as follows:— " TITLE VI.— OF TUB PLBADINGS IN- CIVIL ACTIONS. Chapter I. — The Complaint....
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Jurist: Containing Reports of All Cases Determined in Law ..., Band 13,Teil 2

1850 - 566 Seiten
...whe_n a question pf foil, not put in issue by the pleadings, is tq an order for the trial may be mad; and plainly, the question of fact to be tried, and such order shall be the «nly authority necessary for a trial." Title VI is as follows— " TITLE VI. — OF THS PBEATONOS...
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The Code of Civil Procedure of the State of New York: Reported ..., Band 2

New York (State). - 1850 - 920 Seiten
...question of fact, not put in issue by the pleadings, may be tried by a jury, upon an order for the trial, stating, distinctly and plainly, the question of fact to be tried, and such order is the only authority necessary for a trial. Amended Code, § 72. TITLE II. OF THE TIME OF COMMENCING...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - 1851 - 244 Seiten
...or when a question of fact, not put in issue by latedsu s" the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly...shall be the only authority necessary for a trial. Feigned issues may still be ordered by the court in certain cases. Anonymous, 5 How. 306. See Supreme...
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The Law Magazine: Or, Quarterly Review of Jurisprudence, Band 14;Band 45

1851 - 520 Seiten
...feigned issues, or where a question of fact not put in issue by the pleadings is to be tried by a jury, an order for the trial may be made, stating distinctly...shall be the only authority necessary for a trial. S. 70, ".in such action the party complaining shall be known as the plaintiff, and the adverse party...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State). - 1851 - 266 Seiten
...tnnuubtti-issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly...shall be the only authority necessary for a trial. TITLE II. Of the time of commencing civil actions. CIIAPTERR I. Actions in general. II. Actions for...
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 Seiten
...put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, slating distinctly and plainly, the question of fact to be...shall be the only authority necessary for a trial. See rules of supreme court, in appendix, rule 71. TITLE II. Time of commencing civil actions. CHAPTER...
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