Supreme Court of the United States May 21, 1900, 256 (Chicago, Milwaukee & St. Paul Railway Co. v. Clark)

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Mr. Chief Justice Fuller,

after stating the case, delivered the opinion of the court.

The record shows that the cause came on before the District Judge, holding the Circuit Court, for trial, “ without a jury, and a trial by jury having been expressly waived by the written consent of the parties duly filed; ” that a referee was appointed by written consent in accordance with the modes of