§ 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.

Legislative History

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).