 ... of this act he may apply, upon notice, to the court, for an order directing all the questions, arising upon those issues, to be distinctly and plainly stated for trial accordingly.  The New York Supplement - Page 1221916Full view - About this book
 | New York (State) - 1877 - 572 pages
...made by law, must be tried by the court, unless a reference or a jury trial is directed. § 970. Where a party is entitled, by the constitution, or by express provision of law, to a trial, by a jury, of one or J more issues of fact, in an action not specified in section 968 of this act, he... | |
 | New York (State), William Wait - 1877 - 662 pages
...138; Rex v. Marquu, 7 Lans. 249, 263; Hegeman v. CantreH, 50 How. 188. § 97O. [Amended, 1877.] Where a party is entitled, by the constitution, or by express provision of law, to a trial, by ;i jury, of one or more issues of fact, in an action not specified in section 96S of this act, he may... | |
 | New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1878 - 636 pages
...the exception contained in section 969 ; and secondly, that section 970 expressly provides that where a party is entitled, by the constitution or by express provision of law, to a trial by a jury of one or more issues of fact, in an action not specified in section 908, he may apply, upon... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1878 - 678 pages
...exception contaiued in section 969 ; and secondly, that section 970 expressly provides, that where a party is entitled, by the Constitution or by express provision of law, to a trial by a jury of one or more issues of fact, in an action not specified in section 968, he may apply, upon... | |
 | New York (State) - 1879 - 436 pages
...made by law, must be tried by the court, unless a reference or a jury trial is directed. § 970. Where a party is entitled, by the Constitution, or by express provision of law, to a trial, by a jury, of one or more issues of fact, in an action not specified in section nine hundred and sixty-eight... | |
 | New York (State) - 1881 - 1532 pages
...970. [Amended, 1877.] Order for trial by jury, of specific questions of fact, when of right. — Where a party is entitled, by the constitution, or by express provision of law, to a trial, by a jury, of one or more issues of fact, in an action not specified in section 'Jo's! of this act, lie... | |
 | Austin Abbott - 1883 - 602 pages
...by law, must be tried by the court, unless a reference or a jury trial is directed." " §970. Where a party is entitled, by the constitution, or by express provision of law, to a trial, by a jury, of one or more issues of fact, in an action not specified in section 968 of this act, he may... | |
 | 1892 - 1188 pages
...(chapter 20S, Laws 1S91.) is involved. As itstood its provisions were made to apply to a case " where a party is entitled by the constitution or by express provision of law to a trial by a jury of one or more issues of fact, in nn action not specified in section !)OS." The amendment of... | |
 | 1887 - 1038 pages
...tried by the court unless a reference or a jury trial is directed." Section 970 provides that "Where a party is entitled by the Constitution or by express provision of law to a trial by jury of one or more issues of fact in an action, not specified in section 968 of this Act, he may apply,... | |
 | 1887 - 814 pages
...must be tried by the court, unless a reference or a jury trial is directed. § 970. [am'd 1877.] Where a party is entitled, by the Constitution, or by express provision of law, to a trial, by a jury, of one or more issues of fact, in an action not specified in section nine hundred and sixty-eight... | |
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