 | New York (State) - 1852 - 606 pages
...complaint. If the taking of an account or the proof of any fact be necessary to enable the court to give judgment, or to carry the judgment into effect, the...the recovery of money only, or of specific real or S personal property, with .damages for the withholding thereof, the court may order the damages to... | |
 | Nathan Howard (Jr.) - 1852 - 546 pages
...The 2d subdivision of ยง 246 answers the question. A portion of that subdivision reads as follows: " and where the action is for the recovery of money...damages for the withholding thereof, the court may issue a writ of inquiry or order the damages to be assessed by a jury; or if the examination of a long... | |
 | Henry Whittaker - 1852 - 900 pages
...The instances to which this proceeding is peculiarly applicable, are defined as above, to be those " where the action is for the recovery of money only,...property, with damages for the withholding thereof," to which class of cases may be added all actions for a wrong, of whatever nature, and all others in... | |
 | 1852 - 446 pages
...claims as are attempted to be joined in this case. Sections 253 and 254 provide that issues of fact for the recovery of money only, or of specific real or personal property, must be tried by a jury ', unless waived ; and that all other issues are triable by the court. Although... | |
 | New York (State) - 1852 - 836 pages
...hundred seventy LOW to be ' and two hundred and seventy-one. An issue of fact, in an tried' 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... | |
 | California, Selucius Garfielde, Frederick A. Snyder - 1853 - 1108 pages
...complaint. If the taking of an account, or the proof of any fact, be necessary to enable the court to give judgment, or to carry the judgment into effect, the...purpose. And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to de46*... | |
 | Wisconsin - 1853 - 810 pages
...the court, unless it be referred as provided in sections 180 and 181. 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... | |
 | Claudius L. Monell - 1854 - 508 pages
...is either the general guardian of the infant, or an attorney or other officer of the court, unless the action is for the recovery of money only, or of specific real or personal property ; when, as we have just seen, any person may be appointed. The consent of the person proposed should... | |
 | Oregon - 1855 - 670 pages
...a<fl count, or the proof of any fact, be necessary to enable the court to give judgment or to curry the judgment into effect, the court may take the account or hear the proof, or may, in its discretion, ordei a reference for that purpose. And when the action is for the covery of damages only, or of specific... | |
 | 1856 - 598 pages
...complaint. If the taking of an account or the proof of any fact be necessary to enable the court to give judgment, or to carry the judgment into effect, the...its discretion, order a reference for that purpose. The relief, then, demanded in the complaint, defines and limits the power of the court as to the judgment... | |
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And where the action is for the recovery of damages, in whole or in part, the court may order the damages to be assessed by a jury; or if, to determine the amount of damages, the examination of a long account be involved, by a reference as above provided;... 
