 In each of the following actions, an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is directed: 1. An action, in which the complaint demands judgment for a sum of money only. 2. An action of ejectment; for dower;...  The New York Supplement - Page 2711901Full view - About this book
 | New York (State) - 1920 - 1190 pages
...scribed in this article, is triable, of course and of right, by a jury, ' 1958< as if it were an action in which the complaint demands judgment for a sum of money only, and without procuring an order of the court defining the issues. § 139-a. Judgment-roll and effect... | |
 | 1883 - 662 pages
...Section 3,228 of the Code, which gives costs to the plaintiff in uan action other than one of those specified in the foregoing subdivisions of this section,...complaint demands judgment for a sum of money only," it does not matter whether the action be legal or equitable, the sole condition being that the judgment... | |
 | New York (State), William Wait - 1877 - 662 pages
...fact must be tried by a jury, unless a jury trial is waived, or a reference is directed : 1. An action in which the complaint demands judgment for a sum of money only. 2. An action of ejectment ; for dower ; for waste ; for a nuisance ; or to recover a chattel. A substitute... | |
 | 1878 - 462 pages
...^"off-ac by a jury, unless a jury trial is waived, or a reference is directed : are triable 1. An action in which the complaint demands judgment for a sum of money only. • Stricken out. 179 2. An action of ejectment ; for dower ; for waste ; for a nuisance ; or to recover... | |
 | New York (State) - 1879 - 436 pages
...^8Bof^ttct by a jury, unless a jury trial is waived, or a reference is directed : are triable 1. An action in which the complaint demands judgment for a sum of money only. * Stricken oat. TITLE 1. What Issues are triable by the court. Order for trial by jury, of specific... | |
 | New York (State) - 1880 - 832 pages
...dollars damages, the amount of his costs cannot exceed the damages. 4. An action, other than one of those specified in the foregoing subdivisions of this section,...complaint demands judgment for a sum of money only. But the plaintiff is not entitled to costs, under this subdivision, unless he recovers the sum of fifty... | |
 | New York (State) - 1881 - 1532 pages
...must be tried by a jury, unless a jury trial is waived,(l) or a reference IB directed : 1. An action in which the complaint demands judgment for a sum of money only. 2. An action of ejectment ; for dower; for waste ; for a nuisance ; or to recover a chattel. wtllr.... | |
 | 1883 - 524 pages
...called actions at law. Subdivision 4 gives costs to the plaintiff in "an action, other than one of those specified in the foregoing subdivisions of this section...complaint demands judgment for a sum of money only." Under this subdivision it does not matter whether the action be legal or equitable ; the sole condition... | |
 | 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 - 1883 - 820 pages
...called actions at law. Subdivision 4 gives costs to the plaintiff in " an action other than one of those specified in the foregoing subdivisions of this section,...complaint demands judgment for a sum of money only." Under this subdivision it does not matter whether the action be legal or equitable, the sole condition... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1883 - 666 pages
...actions at law. Subdivision four gives costs to the plaintiff in " an action other than one of those specified in the foregoing subdivisions of this section in which the complaint demanded must be for money only." Under this subdivision it does not matter whether the action be legal... | |
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