25-1104. Issues; how tried generally; court and jury.

Issues of law must be tried by the court, unless referred as provided in section 25-1129. Issues of fact arising in actions for the recovery of money or of specific real or personal property, shall be tried by a jury unless a jury trial is waived or a reference be ordered as hereinafter provided.

Source:R.S.1867, Code § 280, p. 440; R.S.1913, § 7843; C.S.1922, § 8787; C.S.1929, § 20-1104; R.S.1943, § 25-1104.