"The practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty cases in the circuit and district courts of the United States, conform as nearly as practicable to those existing in like causes in the courts of record of the State within which the circuit or district courts are held, except that the Federal courts are given power within prescribed limits to make rules for the regulation of the details of their own practice, provided, however, the substance and general methods of procedure in the State courts are observed."2

Section 914 of the Revised Statutes provides that: "The practice, pleadings, and forms and modes of proceeding in civil causes, other than equity and admiralty causes, in the circuit and district courts, shall conform, as near as may be, to the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of court to the contrary notwithstanding."

1 Fern vs. Holme, 21 How , 481

2 Hughes on Federal Procedure, Sec. 137.

"The pleading in the Federal courts is substantially similar to that in the State courts of the locality.

"Amendments are liberally allowed in case of formal defects in a way to enable the courts to administer justice and render decisions according to the very right of the cause."

In the making up of a jury the judge of the Federal court is allowed great discretion, and may adopt the State practice or not as he sees fit.3

A jury trial may be waived in the Federal courts by agreement.

Section 649 of the Revised Statutes provides: "Issues of fact in civil cases in any Circuit Court may be tried, and determined by the court, without the intervention of a jury whenever the parties, or their attorneys of record, file with the clerk a stipulation in writing waiving a jury. The find of the courts upon the facts, which may be either general or special, shall have the same effect as the verdict of a jury."

And Section 700 of the Revised Statutes, provides: "When an issue of fact in any civil cause in a Circuit Court is tried and determined by the court without the intervention of a jury, according to Section 649, the rulings of the court in the progress of the trial of the cause, if excepted to at the time, and duly presented by a bill of exceptions, may be reviewed by the Supreme Court upon a writ of error or upon appeal; and when the finding is special the review may extend to the determination of the sufficiency of the facts found to support the judgment."

3 Pointer vs. United States, 151 U. S., 8. 396.