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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 ... - Σελίδα 59
των New York (State). - 1851 - 207 σελίδες
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The Pacific Reporter, Τόμος 38

1895 - 1224 σελίδες
...of Civil Procedure provides that a trial by Jury may be waived In manner following: "(1) By falling to appear at the trial. (2) By written consent. In...oral consent, in open court, entered in the minutes." It Is claimed for respondent that the trial of the case was actually commenced In the morning, when...

Reports of Cases Argued and Determined in the Appellate Court of ..., Τόμος 9

Indiana. Appellate Court - 1895 - 784 σελίδες
...1881, it is provided that a jury may be waived — First. By failing to appear at the trial. Second. By written consent in person or by attorney filed with the clerk. Third. By oral consent in open court entered on the record. A waiver of a trial by jury can only be...

United States Reports: Cases Adjudged in the Supreme Court at ..., Τόμος 163

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1896 - 770 σελίδες
...waived by the several parties to any issue of fact in the following cases: (1.) By suffering default by failing to appear at the trial. (2.) By written...consent in person or by attorney, filed with the clerk," and by the second of which (sec. 2190) "the Supreme Court, in appeals or writs of error, shall examine...

Budd on Civil Remedies Under the Code System: With Forms Applicable to Civil ...

Joseph Henry Budd - 1902 - 800 σελίδες
...actions, in which a trial by jury is waived, -be by the court. Trial by jury in actions may be waived : 1. By failing to appear at the trial. 2. By written...person, or by attorney, filed with the clerk. 3. By failure to comply with the reasonable rules of a court in respect to the payment of jury fees. 4. By...

Civil and Criminal Codes of Practice of Kentucky, and Amendments Enacted ...

Kentucky - 1902 - 1282 σελίδες
...character of the plaintiff (a), the parties may, with the consent of the court (b), waive a jurytrial, by written consent, in person or by attorney, filed with the clerk; or, by oral consent in court, entered on the record. 2. If a jury-trial be not demanded, or be waived...

The Code of Civil Procedure of the State of California: Adopted March 11 ...

California - 1903 - 1094 σελίδες
...without damages, and with the assent of the court in other actions. in manner following: 1. By falling to appear at the trial. 2. By written consent, in...oral consent. in open court, entered in the minutes. En. March 11, 1872. Am'd. 1873-4, 311. Cal.Rep.Cit. 60,368; 70,448; 83,231; 88,183:101,641; 104. 467;...

A Treatise on New Trial and Appellate Practice: Presenting and ..., Τόμος 1

Thomas Carl Spelling - 1903 - 998 σελίδες
...damages, and with the asseut of the court in other actions, in manner following: 1. By failing to tppear at the trial; 2. By written consent in person, or...clerk; 3. By oral consent in open court, entered in the mantes.' These are the only ways in which the right to a jury trial shall be deemed waived; it cannot...

A Treatise on New Trial and Appellate Practice: Presenting and ..., Τόμος 2

Thomas Carl Spelling - 1903 - 996 σελίδες
...several parties to an issue of fact: 1. By failing to appear at the trial; 2. By consent in writing, filed with the clerk; 3. By oral consent in open court, entered in the minutes." It will be observed from the opinion in the leading case that the doctrine is grounded solely upon...

The American State Reports: Containing the Cases of General Value ..., Τόμος 88

Abraham Clark Freeman - 1903 - 1086 σελίδες
...several parties to an issue of fact : 1. By failing to appear at the trial ; 2. By consent in writing filed with the clerk; 3. By oral consent in open court, entered in the minutes." Under these provisions, there was no decree on September 4th, because there was no written finding...

Cases Determined in the Supreme Court of Washington, Τόμος 33

Washington (State). Supreme Court, Arthur Remington, Solon Dickerson Williams - 1904 - 826 σελίδες
...Code 1881, § 204. "Trial by jury may, with the assent of the court, be waived by the several parties in the manner following: (1) By failing to appear...oral consent in open court, entered in the minutes." Bal. Code, § 5028 ; Code 1881, § 245. Opinion Per MOUNT, J. [33 Wash. in actions on contract for...




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