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COMMON LAW FORM XL.-STIPULATION FOR REFERENCE OF ACTION AT COMMON LAW.

United States [District] Court for the Southern District of New York.

ANDREW BROWN, Plaintiff,

against

THE NEW YORK, LAKE ERIE AND WESTERN

RAILROAD COMPANY, Defendant.

It is hereby stipulated and agreed that the above entitled action be referred to Hamilton Cole, Esq., as sole referee, to hear and determine all the issues thereof, and that judgment may be entered upon his report as such referee, with the same force and effect as upon a hearing and decision of the court. And it is further stipulated and agreed that the said referee shall make special findings of fact herein, and that said findings when adopted by the court shall have the same force and effect as and shall be deemed findings of the court. It is further stipulated and agreed by and between the parties hereto, that this action and the issues therein may be tried and determined by the court without the intervention of a jury, and a jury is hereby waived. It is further stipulated and agreed that judgment shall not be entered herein until after ten days' notice of the filing of the report of the referee, and of the judgment proposed to be entered thereon. It is further stipulated and agreed that the referee's fees shall be taxed as costs herein.

Dated New York, April 23, 1888.

C. L. ATTERBURY, Atty. for Plaintiff. BUCHANAN & STEELE, Defendant's Attorneys.

COMMON LAW FORM XLI.-ORDER APPOINTING REFEREE TO TRY ACTION AT COMMON LAW.

At the April Term of the United States [District] Court for the Southern District of New York, held in New York City, at the Post Office, on April 24, 1898. Present: HON. WILLIAM J. WALLACE, Circuit Judge.

ANDREW BROWN, Plaintiff,

against

THE NEW YORK, LAKE ERIE AND WESTERN

RAILROAD COMPANY, Defendant.

On reading and filing the annexed stipulation, it is

Ordered that the above-entitled action be referred to Hamilton Cole, Esq.,' as sole referee, to hear and determine all the issues thereof, and that judg ment may be entered upon his report as such referee with the same force and effect as upon a hearing and decision of the court.

And it is further ordered that the said referee shall make special findings of fact herein, and that said findings when adopted by the court shall have the same force and effect as and shall be deemed findings of the court.

It is further ordered that this action and the issues therein may be tried and determined by the court without the intervention of a jury.

It is further ordered that judgment shall not be entered herein until after ten days' notice of the filing of the report of the referee, and of the judgment proposed to be entered thereon.

It is further ordered that the referee's fees be taxed as costs herein. WM. J. WALLACE.

[SEAL]

(Signed)
(A copy.)

TIMOTHY GRIFFITH, Clerk.

COMMON LAW FORM XLII.-STIPULATION TO PROCEED WITH

ELEVEN JURORS.

[215 U. S. 609; in which the author was counsel.]
[TITLE.]

And now, December 24th, 1908, it is agreed by counsel for plaintiff and defendant in the above cause that John T. Greenwood, one of the jurors in the above cause, shall be this day excused from further duty and that the cause proceed with eleven jurors.

GRAHAM C. WOODWARD,

Attorney for Plaintiff. ALEX. SIMPSON, JR., Attorney for Defendants.

COMMON LAW FORM XLIII.-VERDICT IN DISTRICTS OF PENNSYLVANIA.

[215 U. S. 609; in which the author was counsel for plaintiff.]

And afterwards, to wit, on the 30th day of December, 1908, the jurors aforesaid upon their oaths and affirmations respectively do say that they find for plaintiff and assess the damages at one hundred and nine thousand eight hundred and forty-eight and 92-100 dollars.

COMMON LAW FORM XLIV.-EXTRACT FROM MINUTES OF TRIAL AND VERDICT INSERTED IN JUDGMENT ROLL UNDER CODE PRACTICE.

[Simons v. Cromwell, affirmed by C. C. A. on January 18, 1922.]

[TITLE.]

Now comes the plaintiff by Roger Foster, her attorney and moves the trial of this cause. Likewise come the defendants by Sullivan & Cromwell their attorneys and Edgar T. Brackett and Philip L. Miller of counsel. Thereupon a jury is duly impaneled and sworn and the cause proceeds to trial. Thereafter on Tuesday, March 15, 1921, on motion of defendant's attorney, ORDERED 2nd and 3rd causes of actions dismissed. Exception to plaintiff. After hearing the evidence for the respective parties, the arguments of counsel and the charge of the Court, the jury retire in charge

of an officer duly qualified to attend them and upon their return say they find a verdict for the Plaintiff for $40,000.00 and interest from September 8, 1915. Defendant's attorney moves to set aside the verdict and for a new trial. Denied-Exc. An extract from the minutes.

[Seal.]

ALEX. GILCHRIST, JR., Clerk.

COMMON LAW FORM XLV.-ORDER FOR JUDGMENT AFTER TRIAL BY THE COURT WITHOUT A JURY.

[Fisher v. Newark City Ice Company, 76 Fed. 427.]

This cause having come on to be heard for the assessment of the plaintiff's damages in accordance with the mandate of the Circuit Court of Appeals herein; and a jury having been waived by both parties hereto; and testimony having been taken, depositions read and witnesses examined on behalf of both parties upon the assessment of said damages; and Roger Foster, Esq., counsel for the plaintiff, and F. W. Stevens, Esq., and John O. H. Pitney, Esq., of counsel for the defendant, having been duly heard and due deliberation having been had; now, on motion of Roger Foster, plaintiff's attorney, I hereby find that the plaintiff's damages are thirteen thousand three hundred and eighty-seven 92/100 ($13,387.92) dollars, at which sum they are hereby assessed; and it is hereby ordered that the clerk of this court enter judgment in favor of the plaintiff against the defendant for that sum, viz., thirteen thousand three hundred and eightyseven 92/100 ($13,387.92) dollars, with costs.1

M. W. ACHESON,
Circuit Judge.

1 For a Form of Findings by the Court see Court of Claims Form II, infra.

COMMON LAW FORM XLVI.-POSTEA UNDER COMMON LAW PRACTICE.

[Reversed 62 Fed. 569, in which the author was counsel.]

And at the term aforesaid, upon the day last aforesaid, it is upon the said facts specially found, as aforesaid, by the said court, considered that the said plaintiff take nothing by his said writ, but that he be in mercy, &c., and that the said defendant do go thereof without day, &c.

And it is further considered by the court, now here before the judge thereof, that the said defendant do recover against the said plaintiff, for the costs and charges by him laid out about his defence in this behalf, before the judge thereof, now here adjudged to the said defendant, and with his assent, according the form of the statute in such case made and provided, and that the said defendant have execution thereof.

Judgment signed this thirtieth day of January, A. D., eighteen hundred and ninety-four.1

EDW. T. GREEN, J.

1 For Form of Judgment under Code Practice see that recited in mandate, Appellate Form XXIX.

COMMON LAW FORM XLVII.-JUDGMENT UNDER CODE

PRACTICE.

[Amato v. Northern Pacific Railroad Company, 144 U. S. 465.]

The issues of this action having been duly brought on for trial and tried before the Hon. Alfred C. Coxe, district judge, and a jury, at a stated term of this court, held in and for the southern district of New York, at the postoffice building, in the city of New York, in said district, on the 17th day of April, 1891, and a verdict for the plaintiff having been duly rendered on the 17th day of April, 1891, assessing his damages in the sum of four thousand dollars ($4,000), and the costs of the plaintiff having been duly taxed at the sum of thirty-three and ten-hundredths ($33.10) dollars: Now, on motion of Roger Foster, attorney for the said plaintiff—

It is adjudged that this plaintiff recover of said defendant the sum of four thousand ($4,000) dollars, found by said jury, and the sum of twentysix and sixty-six hundredths ($26.66) dollars as interest thereon, and the sum of thirty-three and ten-hundredths ($33.10) dollars, costs aforesaid, amounting in all to the sum of four thousand and fifty-nine and seventysix hundredths ($4,059.76) dollars, and that said plaintiff have execution against the defendant therefor.

Judgment signed this 28th day of May, 1891.

JOHN A. SHIELDS, Clerk.

COMMON LAW FORM XLVIII.-EXECUTION AGAINST PROPERTY OR FIERI FACIAS.

[58 Fed. 55.]

The President of the United States of America to the Marshal of the Southern District of New York, Greeting:

You are commanded, that of the goods and chattels of The Northern Pacific Railroad Company in your district you cause to be made the sum of four thousand fifty-nine dollars and seventy-six cents, which lately, in the [District] Court of the United States for the Southern District of New York, Dominick Amato recovered against the said Northern Pacific Railroad Company, in an action between Dominick Amato, plaintiff, and the Northern Pacific Railroad Company, defendant, in favor of said plaintiff, Dominick Amato, as appears by the record filed in the Clerk's office of said [District] Court on the twenty-eighth day of May, one thousand eight hundred and ninety-one, as amended by order of Court filed and entered June 3, 1891. And if sufficient personal property of the said judgment debtor cannot be found in your district, that then you cause the same to be made out of the real property belonging to such judgment debtor on the above mentioned day, or at any time thereafter, in whose hands soever the same may be, and return this execution within sixty days after its receipt by you to the Clerk of said [District] Court.

Witness, the Honorable Learned Hand, Judge of the [District] Court of the United States, for the Southern District of New York, at the City of New York, on the third day of June, one thousand nine hundred and twenty-one, and of the Independence of the United States the one hundred and thirty-second.

[SEAL.]

ALEX. GILCHRIST, JR., Clerk.

COMMON LAW FORM XLIX.-WRIT OF VENDI EXPONAS.

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The President of the United States of America to the Marshal of the Southern District of New York, Greeting:

You are hereby commanded to expose to sale the following described property, viz.: [insert description of the property], which, according to command, you have levied on, and which remains in your hands unsold, as you have certified to the Judges of the District Court of the United States for the Southern District of New York aforesaid, to satisfy a judgment of said court, rendered at the October term thereof and entered on or about October 17th in the year 1921 in favor of James Fifield against George Aber for the sum of five thousand ($5,000) dollars and one hundred and ninety-five ($195) dollars costs of suit with interest thereon from the 1st day of April, 1921, until paid, together with the further sum of fifty ($50) dollars costs of increase on said judgment; and also the costs that may accrue on this writ. And if, in your opinion, the property remaining in your hands, not sold, will be insufficient to satisfy the judg ment aforesaid, then you are hereby commanded that you levy the same upon other goods and chattels, lands and tenements or either, as the law shall permit, being the property of the judgment debtor; which, together with the property on hand not sold as aforesaid, will be sufficient to satisfy the judgment aforesaid. And have you the said moneys in the said District Court, before the judges thereof, at the City of New York in said District, on the first Tuesday in the month of January, next, to be paid to the persons entitled to receive the same. And have you then and there this writ.

Witness, Hon. Learned Hand, Judge of the District Court of the United States for the Southern District of New York at the City of New York, the 7th day of December, in the year of our Lord one thousand nine hundred and twenty-one.

ROGER FOSTER,

Attorney for plaintiff.

ALEX. GILCHRIST, JR., Clerk.

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