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" In cases where the trial of issues of fact is not provided for by the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice of a special motion to be made upon the pleadings, that the whole... "
Reports of Cases Argued and Determined in the Superior Court of the City of ... - Page 662
by Joseph S. Bosworth, New York (State). Superior Court (New York) - 1861
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The Code of Procedure, as Amended July 10, 1851: With Copious Notes to Each ...

New York (State), Member of the New-York Bar - 1851 - 410 pages
...is not provided for in ยง 253 of the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice of a special motion to settle the issues, and the court or judge may settle the issues, or may refer it to a referee to settle...
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The Code of Procedure of the State of New York: With Notes, an Appendix, and ...

New York (State) - 1855 - 802 pages
...not provided for in section 253 of the Code, if either party shall desire a trial by jury, such party shall .within ten days after issue joined, give notice of a special motion to settle the issues ; and the court or judge may settle the issues, or may refer it to a referee to settle...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 17

Nathan Howard (Jr.) - 1859 - 618 pages
...provided for in section 253 of the Code, if either party should desire a trial by jury, such party should, within ten days after issue joined, give notice of a special motion to settle the issues, or might refer the settlement of them to a referee. This is not one of the class...
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Reports of Cases Argued and Determined in the Court of ..., Volume 2; Volume 20

New York (State). Court of Common Pleas (City and County of New York) - 1860 - 662 pages
...provided for in section 253 of the Code, if either party should desire a trial by jury, such party should, within ten days after issue joined, give notice of a special motion to settle the issues; and that the court or judge might settle the issuer, or might refer the settlement...
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Practice and Pleading in Actions in the Courts of Record in the ..., Volume 2

Henry Whittaker - 1863 - 1154 pages
...not provided for in section 253 of the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice...questions of fact involved therein, be tried by a jury. With the notice of motion shall be served a copy of the questions of fact proposed to be submitted...
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The Code of Procedure of the State of New York, as Amended to 1864: With ...

John Townshend - 1864 - 320 pages
...not provided for in section 253 of the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice...specific questions of fact involved therein, be tried by jury. With the notice of motion shall be served a copy of the questions of fact proposed to be submitted...
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The Code of Procedure of the State of New York, as Amended to 1867: With the ...

John Townshend - 1867 - 298 pages
...section two hundred and fifty-three of the Code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice...specific questions of fact involved therein, be tried by jury. With the notice of motion shall be served a copy of the questions of fact proposed to be submitted...
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The Code of Procedure of the State of New York, as Amended to 1870: With ...

New York (State), John Townshend - 1870 - 896 pages
...is not provided for in <5 253 of the code, if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice...questions of fact involved therein, be tried by a jury. With the notice of motion shall be served a copy of the questions of fact proposed to be submitted...
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The Practice at Law: In Equity, and in Special Proceedings, in All ..., Volume 2

William Wait - 1873 - 950 pages
...where the trial of issues of fact is not provided for, in section 253 of the Code, either party may, within ten days after issue joined, give notice of...questions of fact involved therein, be tried by a jury. The party applying for an order, directing the issues to be tried by a jury, should serve, with the...
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Reports of Practice Cases, Determined in the Courts of the State ..., Volume 14

Austin Abbott - 1873 - 588 pages
...that in the class of cases referred to, " if either party shall desire a trial by jury, such party shall, within ten days after issue joined, give notice...the pleadings, that the whole issue, or any specific question of facts involved therein, be tried by jury," &c., &c. Paul v. Panha.ll. have existed and...
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