 | Oregon - 1855 - 670 Seiten
...its discretion, ordei a reference for that purpose. And when the action is for the covery of damages only, or of specific real or personal property, with damages for the holding thereof, the court may order the damages to be assessed by a jury ; or if, to determine the... | |
 | 1856 - 598 Seiten
...specified personal property, with damages for the withholding thereof. The damages in such a case are to be assessed by a jury, or if the examination of a long account be involved, by a reference. I cannot direct a reference as asked for. There is no account involved. I agree that the plaintiff... | |
 | 1853 - 460 Seiten
...be perceived, this provision FF 4 will try by the Court all issues of fact, where the action is not for the recovery of money only, or of specific real or personal property. " The final determination of the rights of the parties in civil actions, will be the judgment. " In... | |
 | William H. R. Wood - 1857 - 834 Seiten
...327; 1'aralta r. Marion, id. 185; Rice t>. Leonard, 5 Cal. 61; J'inkhM» r. McKnrliiml. id. 137. part, rrying on all kinds of business within the objects and purposes to determine the amount of damages the examination of a long account be necessary, by a reference,... | |
 | 1857 - 610 Seiten
...and 271. This section (253) as it stood in the Code of 1849, required that issues of fact in actions for the recovery of money only, or of specific real or personal property, must be tried by a jury. The amendment of 1852, added, issues of fact in an action " for a divorce... | |
 | California, Henry Jacob Labatt - 1858 - 586 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 be necessary, by a reference... | |
 | Nathan Howard (Jr.) - 1858 - 616 Seiten
...on default of the defendant to answer, must be according to the 2d subd. of § 246 of the Code ; and the court may order the damages to be assessed by a jury. Serving notice of a motion in an action, on the plaintiff's attorney, signed by an attorney, as " att'y-... | |
 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1859 - 662 Seiten
...complete determination or settlement of the questions involved." This language is inappropriate to actions for the recovery of money only, or of specific real or personal property; but embraces the very gist of the rule which has always prevailed in equitable actions. It is worthy... | |
 | California - 1860 - 388 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 aecount be necessary, by a reference... | |
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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,... 
