...St. 470), which governs this case, provides that the petition for removal must be filed at or before the term at which the cause could be first tried, and before the trial. This has been construed to mean the first term at which the cause is in law triable — the first term...

...third clause of section 639 is thereby repealed, and that the suit could only be removed on a petition filed in the state court, " before, or at. the term at which said cause could be first tried, and before the trial thereof," as provided in the act of 1875. This...

...accept the petition and bond, and proceed no further in the suit. The petition and bond must be filed '-before or at the term at which the cause could be first tried, and before the trial thereof." In this case the bill was brought to the March term, 1873, of the state court. It was filed on the...

...within the terms of the statute. The langnage of the third section is that the petition for the removal must be filed in the state court before or at the term at which the cause can first be tried. It may prove in some cases, particularly those of equity, difficult to determine...

...within the terms of the statute. The language of the third section is that the petition for the removal must be filed in the state court before or at the term at which the cause can first be tried. It may prove in some cases, particularly those of equity, difficult to determine...

...respect of citizenship, without regard to subject-matter, it gives the right of removal (i) in any such suit " in which there shall be a controversy between...be and probably are not applicable under the act of i875."z8 Many questions of great importance arise under this act, among which we may mention in this...

...Andrews v. Cfarrett 452 A cause, under the United States act of 1875, cannot be removed unless it is done before or at the term at which the cause could be first tried, and before the trial thereof. Warren v. P<./iMyleania H. Co. 508 REVIEW. A bill of review is not the proper remedy •when the original...

...6, Under the Act of March 3d 1875, a cause will not be removed unless the petition for such removal be filed in the state court before or at the term at which said cause could first be tried, and before the first trial thereof. Such petition will not, therefore,...

...the appearance term; by the act of March 3, 1875 (18 Stat., 470, sec. 3), the application may be made at the term at which the cause could be first tried, and before trial. The state court is required to proceed no further when the affidavit and bond have been made...

...strictly within the provisions of the statute. The law requires that the petition for removal shall be filed in the State court " before or at the term at which said cause could be first tried, and before the trial thereof." A cause cannot be tried until in some...