 | 1902 - 1166 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 they may be assessed by tbe court," £tc This language Implies that In actions within this class there... | |
 | Nevada - 1885 - 1332 Seiten
...reference for that purpose. And where the action is for the recovery of damages, in whole or in part, ' to determine the amount of damages, the examination of a long account be necessary, by a reference,... | |
 | 1893 - 1324 Seiten
...as heretofore enjoyed, shall remain inviolate." Section 2*. art. 2. "An issue of fact in an action 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, or a reference ordered. " Rev. St. 18*9, §... | |
 | 1905 - 1028 Seiten
...distinct from the equitable cause of action stated in the complaint, nor did they raise issues involving the recovery of money only, or of specific real or personal property. A trial of the issues by a jury was therefore not demandable of right" — citing Ins. Ass'n v. Berry,... | |
 | Idaho - 1921 - 648 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 involved, by a reference as... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - 1892 - 664 Seiten
...statute, which was in force at the time of the adoption of the constitution, is upon default that" the court may order the damages to be assessed by a jury," indicating that the power vested in the court Opinion of the court — LORD, J. was discretionary,... | |
 | Missouri. Courts of Appeals - 1893 - 786 Seiten
...and the chancellor might, or might not, adopt its findings as to the facts. Nor was this "an action for the recovery of money only, or of specific real or personal property," wherein the law gives an absolute right of trial by jury. Revised Statutes, 1889, sec. 2131. That,... | |
 | 1893 - 1176 Seiten
...action was upon contract. Section 3600, Rev. St. Mo. 1S79, provided : "An issue of fact in an action 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 ora reference ordered." Thecourt said: "The... | |
 | William Albert Keener - 1894 - 908 Seiten
...general declaration made in § 69. By § 253, it is provided that " 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... | |
 | South Carolina - 1894 - 670 Seiten
...unless they be referred as provided in ib., 1270. Chapter 5 of this Title. An issue of fact in an action 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, as provided in Section 288, or 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,... 
