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" ... 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 - Side 122
1916
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Laws of the State of New York, Volum 2

New York (State) - 1877 - 572 sider
...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...
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The Code of Civil Procedure of the State of New York: Enacted 1876 and ...

New York (State), William Wait - 1877 - 662 sider
...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...
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Reports of Cases Argued and Determined in the Superior Court of ..., Volum 42

New York (State). Superior Court (New York), James Clark Spencer, Samuel Jones - 1878 - 636 sider
...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...
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Howard's Practice Reports in the Supreme Court and Court of ..., Volum 54

Nathan Howard (Jr.), Rowland M. Stover - 1878 - 678 sider
...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...
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The Code of Civil Procedure of the State of New York, Being Chapter 448 of ...

New York (State) - 1879 - 436 sider
...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...
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The New-York Code of Civil Procedure: Carefully Annotated and Fully Indexed ...

New York (State) - 1881 - 1532 sider
...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...
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New Cases Selected Chiefly from Decisions of the Courts of the ..., Volum 12

Austin Abbott - 1883 - 602 sider
...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...
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The Northeastern Reporter, Volum 30

1892 - 1188 sider
...(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...
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Central Reporter: Cases, Courts of Last Resort, New York, New Jersey ...

1887 - 1038 sider
...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,...
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The New York Code of Civil Procedure: As Amended To, and Including 1887 ...

1887 - 814 sider
...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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