The Removal of Causes from State to Federal Courts: With a Preliminary Chapter on Jurisdiction of the Circuit Courts of the United States (Classic Reprint)

Excerpt from The Removal of Causes From State to Federal Courts: With a Preliminary Chapter on Jurisdiction of the Circuit Courts of the United States

And as both acts were to be read together, they could not fail to be productive of serious question as to their judicial construction, as will be seen by the number of cases cited in this volume where the question of the time of application for removal of the cause was brought up. Many applications for removal were relied on under the Act of 1867, which were decided as taken too late under the Act of 1 75, and the cause remanded for want of jurisdiction, and the question of the effect of the later act was variously determined in different districts, in accord ance with the rules of the local statutes and practice as to what constituted before or at the term at which said cause could be first tried, and before the trial thereof, creating a series of decisions in apparent contradiction with each other, but in reality not inharmonious.

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