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" Trial by jury may be waived by the several parties to an issue of fact in actions arising on contract, or for the recovery of specific real or personal property, with or without damages, and with the assent of the court in other actions, in manner following:... "
The Code of Procedure of the State of New York: As Amended by the ... - Page 59
by New York (State). - 1851 - 207 pages
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Laws of the State of New York, Volume 1

New York (State) - Session laws - 1849 - 864 pages
...may be -waived by the several parties, to how waived. ftn -ggue Qf ^^ m actjons on contract and with the assent of the court, in other actions in the manner...consent, in person or by attorney, filed with the clerk. 8. By oral consent in open court, entered in the minutes, on Ťai by § 267. Upon a trial of a question...
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Laws of the State of New York Passed at the Sessions of the Legislature

New York (State). Legislature - Law - 1848 - 672 pages
...waived by the several jury how *. . - Jf •> . J ., J r ,, f waive-i. parties, to an issue of fact in the manner following : 1. By failing to appear...oral consent in open court, entered in the minutes. On trial by ^ 222. Upon a trial of a question of fact by the court, its ^lem'to'bf decision shall be...
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First[-Fourth] Report of the Commissioners on Practice and Pleadings ...

New York (State). Commissioners on Practice and Pleadings - Civil procedure - 1848 - 904 pages
...law, how to proceed. § 221. Trial by jury may be waived by the several parties, to an issue of fact in the manner following: 1. By failing to appear at...oral consent in open court, entered in the minutes. This section is intended to provide the means, by which the parties may avail themselves of the constitutional...
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The Code of Civil Procedure of the State of New York: Reported ..., Volume 2

New York (State). - Civil procedure - 1850 - 920 pages
...be waived by the several parties, to an issue of fact, in actions arising on obligations, and with the assent of the court, in other actions, in the...oral consent in open court, entered in the minutes. Amended Code, § 266. §1 797. Upon the trial of a question of fact by the court, its decision must...
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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 - Civil procedure - 1851 - 410 pages
...by jury may be waived by the several parties, to an issue of fact, in actions on contract; and with the assent of the court, in other actions in the manner...oral consent in open court, entered in the minutes. Where a defendant did not serve an affidavit of merits, and^id not appear on the cause being called...
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The Code of Procedure of the State of New York: As Amended by the ...

New York (State), Henry Strong McCall - Civil procedure - 1851 - 244 pages
...contract, waivea and with the assent of the court, in other actions, in the Amended f 11 1849manner following : 1. By failing to appear at the trial....oral consent in open court, entered in the minutes, on trial b, 6 267. [Sec. 222.1 Upon a trial of a question of fact byjudgCm™t' L to be given the court,...
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Acts Passed at the ... Session of the General Assembly for the Commonwealth ...

Kentucky - Session laws - 1851 - 544 pages
...arising on contract, and, with the assent of the court, in other actions, in the following manner: 1. By failing to appear at the trial. 2. By written...the clerk. 3. By oral consent in open court entered on the record. § 374. Upon trials of questions of fact by the court, it shall not be necessary for...
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Acts of the General Assembly of the Commonwealth of Kentucky, Passed, Volume 1

Kentucky - Law - 1851 - 548 pages
...assent of the court, in other actions, in the following manner: 1. By failing to appear at the trial. a. By written consent in person, or by attorney, filed...the clerk. 3. By oral consent in open court entered on the record. § 374. Upon trials of questions of fact by the court, it shall not be necessary for...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 5

Nathan Howard (Jr.) - Civil procedure - 1851 - 530 pages
...by law. The Code of practice, § 266, declares that it may be waived with the assent of the court, by written consent, in person or by attorney, filed with the clerk; and by §270, that all or any of the issues in an action, whether of fact or of law, or both, may be...
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The Code of Procedure of the State of New York: As Amended April 16, 1852 ...

New York (State) - Civil procedure - 1852 - 606 pages
...by jury may be waived by the several parties, to an issue of fact, in actions on contract; and, with the assent of the court, in other actions, in the...oral consent in open court, entered in the minutes. AVhere a defendant did not serve an affidavit of merits, and did not appear on the cause being called...
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