Page:Federal Reporter, 1st Series, Volume 2.djvu/665

658 PEDEEAL EEPOBTEB. �Much less can the parties themselves do this without the order of the court. �We sent out an order in chancery to a master of this court, and it is now claiîned that, in response to this order, a report may be brought in by a referee at law in relation to a com- mon-law action, upon which we may render judgment at law. Not 80. The proceedingB of the master, in so far as he acted as referee, were unauthorized ; as much so as if they had been had before any other person. His report will be con- "fiidered only so far as it presents matter for the consideration of a chancellor, and is responsive to the order of appoint- ment. Being so considered, it shows clearly that petitioner ahould be permitted to prosecute his claim by suit at law against the railroad eompany, and such permission is granted. The parties being before the court, the issues may be joined ■without delay, and the cause will be submitted to a jury at the present term, unless a jury be waived. �Love, D. J., coneurs. ���Wallaoe V. Geeman-Amebioan Insueanob Company. [Circuit Court, D. lowa. ]VIay, 1880.) Ihstjkancb, Pire — Conditions m Poucy Oonstkubd — PLBADma. �Demurrer to amended replication. �McCeaby, g. J., (orally.) This is an action upon a policy of insurance issued by the defendant, to insure the plaintiff against loss by fire upon a certain building, therein desoribed. �The policy oontains numerous conditions, among which is •one (numbered 9) from which I quote, as foUows : "In case differences shall arise touching any loss or damage, after proof thereof has been received in due form, the matter shall, at the written request of either party, be submitted to impartial arbitrators, whose award in writing shall be binding on the parties as to amount of such loss or damage, but shall not decide the liability of the eompany under this policy." ����