This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 Excerpt: ...ver, and the matter was referred to the master to inquire into the facts and report upon the question whether leave to sue should be granted. After this reference the parties stipulated that said master should hear and determine the whole case, and find the facts, the right to sue being admitted, and that his report should stand as the verdict of a jury. In pursuance of said stipulation the master took testimony, and, after hearing argument, reported in favor of the right of said McKay to recover the sum of $2,217. Upon this report McKay, by his counsel, moves for judgment. Mr. Lacy, for petitioner. Mr. Boardman, for defendant.. Mcgkaey, Circuit Judge.--There being no longer any fund in court to be administered, and the receiver having been discharged, the court hold that all actions prosecuted by permission of the court against the railroad company, for damages resulting from personal injuries, must be regarded as common-law actions, in which either party is entitled to trial by jury, unless the same be waived. The chancery powers of the court can be invoked only after judgment, and for the purpose of enforcing the judgment, as provided by the orders and decrees heretofore made. No reference of such a case can be made, without consent, to a master, except for the purpose of Sporting the facts, in order that the court may determine whether permission to sue shall be given; but by consent of Parties, leave to sue may be given, and a jury may be waived, Farmers' Loan & Trust Co. v. Central Railroad of Iowa. and the case sent to a referee to find and report upon the issues both of law and of fact. The report of the master in the case of McKay must be considered as relating to the question of the right to sue, as it was not competent for the parties, by sti...
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