Remedies And Remedial Rights By the Civil Action According to the Reformed Amer

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Remedies And Remedial Rights By the Civil Action According to the Reformed Amer
John Norton Pomeroy
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Ferson, 22 Wise. 651. This ^ Sheehan v. Hamilton, 2 Iveyes, 304; case resembles P^mery v. Pease, supra, 3 Abb. Pr. N. S. 197. Tliis was an action and migiit be confounded with it. Tiie to recover possession of land. Living- distinction, however, is plain upon exami- ston, the original owner, had demised the nation, and at once removes any appear- land to one Taylor by a perpetual lease, TRIAL OF LEGAL AND EQUITABLE ISSUES. 105 § 86. As to the mode of trial when the complaint or petition sets fo...i'th an equitable and a legal cause of action, there is some diversity in the practice of the several States. The constitutions protecting the jury trial in common-law cases in which it had been customarily used, the defendant may, of course, insist that the legal issues shall be passed upon by a jury. He may waive this right by a stipulation in writing, by an oral stipulation made in open court, by failing to appear on the trial, and perhaps by permitting the trial to be actually entered upon without objection.

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