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.
Neb. Rev. Stat. § 25-1104
Issues; how tried generally; court and jury
Applied in 10 court decisions — leading case New Tek Manufacturing, Inc. v. Beehner (2005)
Most recently applied in Schmid v. Simmons (March 2022)
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.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.