An issue of fact, in an action for the recovery of money only, or of specific real or personal property shall be tried by a jury, unless a jury is waived, as provided by law, or a reference ordered, as provided by statute relating to referees.
[ 1893 c 127 s 33; Code 1881 s 204; 1877 p 42 s 208; 1873 p 52 s 206; 1869 p 50 s 208; 1854 p 164 s 183; RRS s 314.]