There can be no feigned issues; but a question of fact not put in issue by the pleadings may be tried by a jury, upon an order for the trial, stating distinctly and plainly the question of fact to be tried, and such order is the only authority necessary for a trial.
Feigned issues prohibited; issue not plead; tried, when.
Neb. Rev. Stat. § 25-103 — under COURTS; CIVIL PROCEDURE.
Neb. Rev. Stat. § 25-103