 | United States - Law - 1988 - 1120 pages
...waives the right to a trial by jury of the issue so omitted unless before the jury retires the party is no longer equitable that the judgment should have prospective application; Rule 44.1 Rule 52 the court may make a finding; or, if it fails to do so, it shall be deemed to have... | |
 | United States. Supreme Court - Civil procedure - 1956 - 560 pages
...by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury.", 1J49.03; and to Rule 50 (a) that: "A motion for a directed verdict shall state the specific grounds... | |
 | United States. Congress. House. Committee on the Judiciary - Civil procedure - 1961 - 92 pages
...by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands...in accord with the judgment on the special verdict. forms for a general verdict, written interrogatories upon one or more issues of fact the decision of... | |
 | United States. Supreme Court - Courts - 1990 - 1178 pages
...waives the right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue...in accord with the judgment on the special verdict. Rule 50. Motion for a directed verdict and for judgment notwithstanding the verdict. • • • •... | |
 | Robert Wyness Millar - Civil procedure - 2005 - 550 pages
...by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands...in accord with the judgment on the special verdict. (Rule 49 (a) ). The Federal Rule has been followed textually or nearly so by Arizona (1939), Colorado... | |
 | Civil procedure - 1939 - 716 pages
...by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands...accord with the judgment on the special verdict." The court made no finding, but entered judgment for the plaintiffs, and hence it will be assumed that... | |
| |
If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires he demands its submission to the jury. As to an issue omitted... 