Melville Fuller

“ Many other questions of interest and importance arise upon this record, and have been argued by counsel, but the conclusion at which we have arrived renders their determination unnecessary. We are of opinion that the application for removal came too late. The judgment must therefore be reversed, and the cause remanded to the circuit court, with a direction to remand it to the state court. ”

“ Indeed, if subdivision 3 of section 639 of the Revised Statutes were repealed by the act of 1887, or, since some of the defendants were then and at the commencement of the suit citizens of the same state as the plaintiff, if a removal could be had at all, it could only be under the act of 1887. The judiciary act of 1789 provided that a party entitled to remove a cause should file his petition for such removal 'at the time of entering his appearance in such state court.' 1 St. ”

“ The act of July 27, 1866, relating to separable controversies, provided that 'the defendant, who is a citizen of a state other than that in which the suit is brought, may, at any time before the trial or final hearing of the cause, file a petition for the removal of the cause,' etc. ”