Morrison Waite

“ But to bar the right of removal it must appear that the trial had actually begun and was in progress in the orderly course of proceeding when the application was made. No mere attempt of one party to put himself on record as having begun the trial is enough. The case must be actually on trial by the court, all the parties acting in good faith, before the right of removal is gone.' This rule was recognized and followed in Jifkins v. ”

“ The court did not actually proceed in the case after it was docketed further than to take it on the submission of the demurrer to the evidence made at that time, and the order to remand was granted as soon as a motion to that effect was made by the bank. ”