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" ... court shall hear and determine such issue. Where such an issue is raised, the party alleged to be in default may... "
Arbitration of Interstate Commercial Disputes: Joint Hearings Before the ... - Page 3
by United States. Congress. Senate. Judiciary - 1924 - 41 pages
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The Code of Civil Procedure of the State of California ... the State Code of ...

California - 1927 - 706 pages
...day of the notice of application, demand a jury trial of such issue, and if such demand be made, said court shall make an order referring the issue or issues to a jury called and impaneled in the manner provided for the trial of actions at law. If no jury trial be demanded...
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