Nebraska Revised Statute 25-103

Chapter 25 Section 103

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

  • R.S.1867, Code § 4, p. 394;
  • R.S.1913, § 7562;
  • C.S.1922, § 8505;
  • C.S.1929, § 20-103;
  • R.S.1943, § 25-103.

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).