Issues may be made up at the request of either party upon matters of fact charged in the bill or petition and denied in the answer, and be tried by a jury in presence of the court, and a new trial may be granted of the issues, should the court deem it necessary.
Code 1858, § 2458 (deriv. Acts 1835-1836, ch. 26, § 5); Shan., § 4211; Code 1932, § 8436; T.C.A. (orig. ed.), § 36-812.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 523.