§ 25-1105.Issues of fact triable to court.

Section 25-1104 carves out factual issues in money claims and claims for specific property and gives those a jury. Section 25-1105 sweeps up the rest: all other issues of fact are tried by the court. In practice, this is where equitable claims tend to land — requests for an injunction, specific performance, an accounting, or a declaration of rights — since those claims typically do not seek a sum of money or the return of a specific item.

The court’s role under this section is not rigid. Even though these issues default to a bench trial, the judge keeps the power to order any of them tried by a jury instead, or to send them to a referee under the reference procedure available elsewhere in this code. A litigant with a claim that falls under § 25-1105 is not locked out of a jury; the decision is committed to the court’s discretion rather than granted as a right.

Sections 25-1104 and 25-1105 only make sense read together. One assigns a jury by default to a defined category of factual disputes; the other assigns the court to everything else, with a safety valve that lets the judge bring in a jury when it fits the case.