Every material question of fact arising in the case shall be submitted to a jury, if required by either party or deemed proper by the court, and the trial shall be had upon a question stated or an issue framed or otherwise, as the court may order. A jury shall be had before a magistrate only as in other civil cases.

HISTORY: 1962 Code SECTION 45-273; 1952 Code SECTION 45-273; 1942 Code SECTION 8748; 1932 Code SECTION 8748; Civ. C. '22 SECTION 5660; Civ. C. '12 SECTION 4130; Civ. C. '02 SECTION 3025; G. S. 2367; R. S. 2482; 1869 (14) 220.