25-31-803. By whom issues tried. (1) An issue of law must be tried by the court.
     (2) An issue of fact must be tried by a jury unless a jury is waived, in which case it must be tried by the court.

     History: En. Secs. 1603, 1604, C. Civ. Proc. 1895; re-en. Secs. 7041, 7042, Rev. C. 1907; re-en. Secs. 9674, 9675, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 881, 882; re-en. Secs. 9674, 9675, R.C.M. 1935; R.C.M. 1947, 93-7204, 93-7205.