Fenno v. Primrose

ALDRICH, District Judge.

The questions presented in this case are of exceeding interest and of great practical importance to the profession -and to litigants, and they have been discussed upon both sides with notable ability and commendable thoroughness. They relate—First, to the power of a federal court to appoint an auditor in an action at law, where the parties are entitled, under the constitution, to a jury trial; and, second, to the power of such a court to regulate the compensation of the auditor, and to determine where the burden of such compensation shall rest.

There is no federal…