 | North Dakota - 1913 - 602 Seiten
...provided by the rules of said court. Provided, however, upon appeal from a judgment or order in an action for the recovery of money only or of specific real or personal property, in which action the amount in controversy, exclusive of costs, docs not exceed three hundred dollars... | |
 | Edson Read Sunderland - 1913 - 780 Seiten
...(Const. 1875, art. 2, § 28,) the right of trial by jury is preserved inviolable in ordinary cases, "for the recovery of money only, or of specific real or personal property," (Rev. St. 1889. § 2131,) usually termed "actions at law," whereas suits formerly cognizable in chancery... | |
 | Eugene Allen Gilmore, William Charles Wermuth - 1914 - 1010 Seiten
...these proceedings conferred by the general law, which is as follows (RL 1905, §4164): "In actions for the recovery of money only, or of specific real or personal property, or for a divorce on the ground of adultery, the issues of fact shall be tried by a jury, unless a jury... | |
 | California - 1915 - 1528 Seiten
...reference for that purpose. And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account is involved, by a reference as... | |
 | Montana. Supreme Court - 1915 - 736 Seiten
...true that in actions ex delicto where the defendant has failed to answer or the plaintiff to reply, the court "may order the damages to be assessed by a jury" (Rev. Codes, sees. 6719, 6762) ; but, whatever may be the nature or underlying theory of such a proceeding,... | |
 | 1915 - 1332 Seiten
...true that In actions ex dellcto, where the defendant has failed to answer or the plaintiff to reply, the court "may order the damages to be assessed by a Jury" (Rev. Codes, §§ 6719, 6702); but, whatever may be the nature or underlying theory of such a proceeding,... | |
 | 1917 - 1124 Seiten
...ground that he was entitled to a trial by jury. Section 312 of the Code provides that an issue of fact for the recovery of money only, or of specific real or personal property, must be tried by a jury, unless a jury trial be waived. In the case of Ex parte Landrum, 69 S. С.... | |
 | 1918 - 1202 Seiten
...bearing upon this case, Is as follows: "And when the action is for the recovery of money only or for specific real or personal property with damages for...the court may order the damages to be assessed by jury, or, if the examination of a long account is involved, by a reference as above provided. If the... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - 1920 - 718 Seiten
...of such section so far as it has any bearing upon this case is as follows: "And when the action is for the recovery of money only or of specific real...the court may order the damages to be assessed by jury, or, if the examination of a long account is involved, by a reference as above provided. If the... | |
 | 1921 - 350 Seiten
...continue such right unimpaired and inviolate."22 According to the present laws of the state, "in actions for the recovery of money only, or of specific real or personal property, or for a divorce on the ground of adultery, the issues of fact shall be tried by a jury, unless a jury... | |
| |
... necessary to enable the court to give judgment or to carry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of damages,... 
