The Constitution of the United States of America: Analysis and Interpretation / Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952

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[49] See Austin Wakeman Scott, Fundamentals of Procedure in Actions at Law (1922), 103 and articles there cited.

[50] Baltimore & C. Line v. Redman, 295 U.S. 654 (1935).

[51] Ibid. 661.

[52] Lyon v. Mutual Benefit Assn., 305 U.S. 484 (1939).

[53] 28 U.S.C.A. § 724.

[54] Galloway v. United States, 319 U.S. 372 (1943).

[55] Ibid. 397. As a matter of fact, the case being a claim against the United States need not have been tried by a jury except for the allowance of Congress.

[56] Henderson's Distilled Spirits, 14 Wall. 44, 53 (1872). See also Rogers v. United States, 141 U.S. 548, 554 (1891); Parsons v. Armor, 3 Pet. 413 (1830); Campbell v. Boyreau, 21 How. 223 (1859).

[57] Baylis v. Travelers' Ins. Co., 113 U.S. 316, 321 (1885), holding it error for a judge, in absence of any waiver, to find the facts and render judgment thereon.

[58] Duignan v. United States, 274 U.S. 195, 198 (1927), holding jury trial waived by an appearance and participation in the trial without demanding a jury.