Page:1862 Territory of Dakota Session Laws.pdf/541

CIVIL PROCEDURE - Continued. funds in his hands, when invested, 89. when ownership admitted, 89. when order of court is disobeyed, 89. Issues, 90. nature of, 90. issues of fact, arise when, 90. Trial in General, 90. definition of, 90. issues of law tried by court, of certain facts by jury, 90. other issues of fact tried by court, jury, or referred, 90. Trials by Jury. formation according to law, 91. conduct of trial after jury is sworn, 91. when view of property by jury is necessary, how ordered, 91. jury may decide case in court or retire; if they retire, 92. if jary are permitted to separate, 92. if jury disagree ast as to law or evidence, 92. jary may be discharged, when, 82. if jury discharged, new trial may be had, when, 92. when and how verdict is announced, 92. verdict to be written and signed; if defective, 93. Verdicts --- general and special. definition of, 98. in what cases rendered, 98. if finding of facts inconsistent with general verdict, 93. jury must assess amount of money recoverable, 98. Court. trial by the jury may be waived, when, 94. upon of questions of fact, court need not state finding, except when, 94. all or any issues may be referred by consent of parties, 94. when parties do not consent, court may direct reference, in what cases, 94. trial before referees, how conducted, 94. parties may agres upon referees, or court may appoint, 96. reference cannot be ordered, by what courts, 96. referees sign true exceptions, and return same to court, 96. judge may make order of reference in vacation, how, 95. to be sworn or affirmed, by whom, 96. compensation of referees, 95. Exceptions. definition of, 95. exception taken at the time decision is made, 96. form of exception, and to be stated briefly, 96. when decision objected to, is recorded, 96. when not recorded, 96. exception not regarded unless it is material, 96. Trial a by Referees. referees may be 96. definition of, 06. be granted, when, 96. new trial not granted, when, 96. application for new trial must be made, when, 97. motion upon written grounds, and must sustain what, 97. where grounds for new trial are discovered after term, application how made, 97. General Provisions, 98. when damages are recoverable, 98.