 | 1877 - 558 sider
...section of the act is all which is in controversy here. It provides that a petition must be filed " in such State court before or at the term at which...could be first tried, and before the trial thereof." It is argued that as this cause had been several times tried before the passage of the present act,... | |
 | United States. Circuit Court (4th Circuit) - 1877 - 684 sider
...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...could be first tried, and before the trial thereof." A cause cannot be tried until in some form an issue has been made up for trial. The pleadings or statements... | |
 | Nathan Howard (Jr.), Rowland M. Stover - 1881 - 694 sider
...congress (chap. 137 of 1875), providing for the removal of causes into the United States courts, " before or at the term at which said cause could be first tried, and before the trial thereof," it is too late to make such application after a demurrer has been interposed and duly argued and decided.... | |
 | Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - 1877 - 740 sider
...a State Court within the meaning of section 2, to which a right of removal attached; and the clause "the term at which said cause could be first tried and before the trial thereof," means "first trial," and "before the trial thereof" after the right of removal attached; and that is... | |
 | Austin Abbott - 1877 - 600 sider
...suit mentioned in the next preceding section, shall desire to remove such suit from a State court to the circuit court of the United States, he or they may make and Ille a petition in such suit in such State court, before or at the term Note on the Removal of Causes.... | |
 | United States. Circuit Court (2nd Circuit) - 1877 - 648 sider
...circuit term, and before the actual trial of the causa. If, therefore, the statute means, by the phrase " before or at the term at which said cause could be first tried," a term occurring after the passage of the Act, then, beyond question, the application was in time.... | |
 | 1877 - 980 sider
...filed, because of the words in the act of 1875 authorizing the filing of the petition for removal " before or at the term at which said cause could be first tried." The idea seems to be, that these words authorized the filing of the petition in vacation, and therefore... | |
 | 1877 - 1004 sider
...filed, because of the words in the act of 1875 authorizing the filing of the petition for removal " before or at the term at which said cause could be first tried." The idea seems to be, that these words authorized the filing of the petition in vacation, and therefore... | |
 | Abraham Clark Freeman - 1877 - 390 sider
...suits mentioned in the next preceding section, shall desire to remove such suit from a State court to the Circuit court of the United States, he or they may make or file a petition in such suit in such State court before or at the term at which said cause could... | |
 | Isaac Grant Thompson - 1878 - 860 sider
...suit, for the act of March 3, 1 875, § 3, provides that the petition for removal shall be filed in the State court " before or at the term at which said...could be first tried, and before the trial thereof." This act was passed some weeks before the judge made the order of rescission in the present case, and... | |
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State court before or at the term at which said cause could be first tried and before the trial thereof... 
