LegalFix
Sign In

25-103 Feigned issues prohibited; issue not plead; tried, when.

NE Code § 25-103 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

25-103. Feigned issues prohibited; issue not plead; tried, when.

There can be no feigned issues; but a question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried, and such order is the only authority necessary for a trial.

Source

Annotations

Common law remedies are still in force except as abolished by statute. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Jury is not allowed in quo warranto. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).

Jury is not allowed as of right in equity cases generally, though special facts may be submitted. Alter v. Bank of Stockham, 53 Neb. 223, 73 N.W. 667 (1897); Harral & Uhl v. Gray, 10 Neb. 186, 4 N.W. 1040 (1880).

Jury is not allowed in contempt cases. Gandy v. State, 13 Neb. 445, 14 N.W. 143 (1882).

Fictitious issues abolished. Cropsey v. Wiggenhorn, 3 Neb. 108 (1873).

Previous Section
25-102 Parties; how designated.
Next Section
25-201 Civil actions; when commenced.