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" ... 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,... "
General Acts Passed by the Legislature of Wisconsin - Seite 170
von Wisconsin - 1856
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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 - 394 Seiten
...hear the proof, or may, in its discretion, order a reference for that purpose. And where the action is for the recovery of money only, or of specific real or personal properly, with damages for the withholding thereof, the court may order the damages to be assessed...
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Practice Reports in the Supreme Court and Court of Appeals, Band 6

Nathan Howard (Jr.), New York (State). Supreme Court - 1852
...246 answers the question. A portion of that subdivision reads as follows: " and where the action is for the recovery of money only, or of specific, real...damages for the withholding thereof, the court may issue a writ of inquiry or order the damages to be assessed by a jury; or if the examination of a long...
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Practice and Pleading Under the Codes, Original and Amended: With Appendix ...

Henry Whittaker - 1852 - 869 Seiten
...which this proceeding is peculiarly applicable, are defined as above, to be those " where the action is for the recovery of money only, or of specific real...property, with damages for the withholding thereof," to which class of cases may be added all actions for a wrong, of whatever nature, and all others in...
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Reports of Decisions on the Code of Procedure, New Series, Band 1

1852
...claims as are attempted to be joined in this case. Sections 253 and 254 provide that issues of fact for the recovery of money only, or of specific real or personal property, must be tried by a jury ', unless waived ; and that all other issues are triable by the court. Although...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State). - 1852 - 590 Seiten
...that purpose to any person, free from all exception, to be named by the party. And where action is for the recovery of money only, or of specific real or personal property, h damasi.-» for Ih« withholding thereof, the court may issue a writ of inquiry, or 1er (ht- damages...
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Laws of the State of New York

New York (State) - 1852
...hundred seventy LOW to be ' and two hundred and seventy-one. An issue of fact, in an tried' action for the recovery of money only, or of specific real or personal property, or for a divorce from the marriage contract on the ground of adultery, must be tried by a jury, unless...
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Compiled Laws of the State of California: Containing All the Acts of the ...

California, F. A. Snyder, S. Garfielde - 1853 - 1071 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 de46* I tenninc the amount of damages, the examination of a long account be necessary, by a reference...
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Wisconsin Session Laws

Wisconsin - 1853
...the court, unless it be referred as provided in sections 180 and 181. An issue of fact in an action for the recovery of money only, or of specific, real or personal property, or for a divorce from the marriage contract, on the ground of adultery, must be tried by a jury, unless...
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A Treatise on the Practice of the Supreme Court of the State of New ..., Band 2

Claudius L. Monell - 1854
...general guardian of the infant, or an attorney or other officer of the court, unless the action is for the recovery of money only, or of specific real or personal property ; when, as we have just seen, any person may be appointed. The consent of the person proposed should...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 798 Seiten
...sustained by his negligence or misconduct in the defence of. the suit. This rule shall not apply to actions for the recovery of money only, or of specific real or personal properly, as specified in section 263 of the code. A next friend for a married woman may be appointed...
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