HUNT, Circuit Judge (after stating the facts as above).
Upon a stipulation which waived a jury, but which was not in writing, the case was tried to the court. There was neither a request for special findings before the close of the trial, nor a motion for judgment upon the ground that there was no substantial evidence to sustain a judgment in favor of plaintiff. Therefore, as the court had jurisdiction of the subject-matter and of the parties, there is no question...
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