Whenever provision is made in this act for trial of any controversy by a jury, it shall be taken and construed to mean only those controversies in which trial by jury is guaranteed by the constitution of the state of New Mexico. All other controversies provided herein to be heard by the court or jury shall be heard and decided by the judge without the intervention of a jury.
History: Laws 1927, ch. 45, § 409; C.S. 1929, § 30-409; 1941 Comp., § 77-2809; 1953 Comp., § 75-29-9.
Compiler's notes. — For the meaning of "this act", see compiler's notes to 73-15-4 NMSA 1978.
Constitutionality of former provisions. — The provisions of Laws 1923, ch. 140, § 409(5) (repealed), which gave the district court jurisdiction to try condemnation cases involving lands which might be beyond the territorial limits of the district, were not unconstitutional. In re Proposed Middle Rio Grande Conservancy Dist., 1925-NMSC-058, 31 N.M. 188, 242 P. 683.
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