 | New York (State) - 1849 - 864 pages
...is to be tried triauobstituby a jury, an order for the trial may be made, stating, distinctly ted' and plainly, the question of fact to be tried, and...shall be the only authority necessary for a trial. TITLE II. Of the time of commencing Oivil Actions. CHAPTER I. Actions in general. II. Actions for the... | |
 | New York (State). Legislature - 1848 - 672 pages
...j3,™ issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly...such order shall be the only authority necessary for the trial. TITLE II. OF THE TIME OF COMMENCING CIVIL ACTIONS. CHAPTER I. Actions in general. II. Actions... | |
 | New York (State). Commissioners on Practice and Pleadings - 1848 - 904 pages
...issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order the question of fact to be tried, and such order shall be the only authority necessary for the trial. That it may be seen, what this will abolish, and what we propose to substitute instead,... | |
 | 1850 - 556 pages
...by the pleadings, is to be tried by a jury, an order for the trial may be made, statingjjUstinctly and plainly, the question of fact to be tried, and...shall be the only authority necessary for a trial." Title VI is as follows:— " TITLE VI.— OF TUB PLBADINGS IN- CIVIL ACTIONS. Chapter I. — The Complaint.... | |
 | 1850 - 566 pages
...whe_n a question pf foil, not put in issue by the pleadings, is tq an order for the trial may be mad; and plainly, the question of fact to be tried, and such order shall be the «nly authority necessary for a trial." Title VI is as follows— " TITLE VI. — OF THS PBEATONOS... | |
 | New York (State). - 1850 - 920 pages
...question of fact, not put in issue by the pleadings, may be tried by a jury, upon an order for the trial, stating, distinctly and plainly, the question of fact to be tried, and such order is the only authority necessary for a trial. Amended Code, § 72. TITLE II. OF THE TIME OF COMMENCING... | |
 | New York (State), Henry Strong McCall - 1851 - 244 pages
...or when a question of fact, not put in issue by latedsu s" the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly...shall be the only authority necessary for a trial. Feigned issues may still be ordered by the court in certain cases. Anonymous, 5 How. 306. See Supreme... | |
 | 1851 - 520 pages
...feigned issues, or where a question of fact not put in issue by the pleadings is to be tried by a jury, an order for the trial may be made, stating distinctly...shall be the only authority necessary for a trial. S. 70, ".in such action the party complaining shall be known as the plaintiff, and the adverse party... | |
 | New York (State). - 1851 - 266 pages
...tnnuubtti-issue, or when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating, distinctly...shall be the only authority necessary for a trial. TITLE II. Of the time of commencing civil actions. CIIAPTERR I. Actions in general. II. Actions for... | |
 | New York (State), Member of the New-York Bar - 1851 - 410 pages
...put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, slating distinctly and plainly, the question of fact to be...shall be the only authority necessary for a trial. See rules of supreme court, in appendix, rule 71. TITLE II. Time of commencing civil actions. CHAPTER... | |
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... when a question of fact, not put in issue by the pleadings, is to be tried by a jury, an order for the trial may be made, stating distinctly and plainly the question of fact to be tried ; and such order shall be the only authority necessary for a... 
