Samuel Blatchford

“ There are no similar provisions in regard to trials without a jury in the district courts to those found in sections 649 and 700 in respect to circuit courts. It is true that in the district court, in a suit otherwise triable by a jury, the parties may, by stipulation, waive a jury, and agree on a statement of facts, and submit the case to the court thereon for its decision as to the law. ”

“ The bill of exceptions also states that the plaintiffs put in evidence certain orders of the war department, which are set forth, and that it was admitted that Howgate was an officer of the regular army of the United States. It then sets forth that. the evidence of the plaintiffs being closed, the defendant's counsel, without offering any testimony, moved the court to direct a verdict for the defendant, on the ground that, as a matter of law, no action could be maintained by the plaintiffs upon the bond proved ”

“ The parties filed a written stipulation, waiving the right of trial by jury, and consenting that the cause be tried by the court without a jury. It was so tried, before Judge BROWN. In April, 1887, he filed findings of fact, which stated that he had 'heard the testimony of the witnesses.' Those findings of fact were as follows: ' (1) That long prior to 1874 the signal corps, under the department of war, was organized, and has continued from its organization to the present time under such department. That during such time such signal corps has had property and disbursing officers. ”