Thompson-Starrett Co. v. La Belle Iron Works

(after stating the facts as above). This cause was upon written stipulation referred to a referee, to-hear the evidence and report it back for the action of the District Court. When the judge, upon the coming in of the report, adopted the findings of the referee as his own after an examination of the evidence, he tried the eause under Revised Statutes, § 649 (Comp. St. §■ 1587), quite as though the written stipulation had merely waived a jury. Pneumatic Scale Co. v. Mainwaring, 286 F. 378 (C. C. A. 2); Philadelphia Casualty Co. v. Fechheimer, 220 F. 401, Ann. Cas. 1917D, 64 (C. C. A. 6);…