 | New York (State). Legislature - Law - 1848 - 672 pages
...And where the action is for the recovery of money only, the court, if the plaintiff require it, shall order the damages to be assessed by a jury, or if...account be involved, by a reference as above provided. anCHAPTER II. ISSUES, AND THE MODE OF TRIAL. SECTION 203. The different kind of issues. 204. Issues... | |
 | 1848 - 700 pages
...course, untouched. The commissioners inform us that § 208, which provide? that " whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury," is intended to extend the right to other... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1848 - 726 pages
...course, untouched. The commissioners inform us that § 208, which provides that " whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury," ia intended to extend the right to other... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...we have thought it best to employ this, in its proper acceptation. § 208. "Whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury, unless a jury trial be waived, as provided... | |
 | Commerce - 1848 - 696 pages
...course, untouched. The commissioners inform us that § 208, which provides that " whenever, in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury," is intended to extend the right to other... | |
 | New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1850 - 898 pages
...provided in sections 335 and 336. Amended Code, ft 253 and 254. § 761. 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... | |
 | New York (State) - Session laws - 1851 - 1408 pages
...hear the proof, or may, in its discretion, order a reference for that purpose. Jlndwhere the action is for the recovery of money only, or of specific real or personal property, with damages for the tdthholding thereof, the court may order the damages to be assessed by a jury, or if the examination... | |
 | New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...it be referred, as provided in sections 270 and 271. An courtH49enis5i *ssue °ffact> l'n 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 fac?,etrfed... | |
 | New York (State). - Civil procedure - 1851 - 266 pages
...the court, unless it be referred, as provided in sections 270 and 271. An issue of fact, in an action for the recovery of money only, or of specific real or personal property, ar for a divorce from t he marriage contract on the ground of adultery, must be tried by a fKL jury,... | |
 | Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...establish this option more conclusively still. Sections 253, 254, declare that whenever in an action for the recovery of money only, or of specific real or personal property, there shall be an issue of fact, it must be tried by a jury, unless a jury trial is waived 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,... 
