Morrison Waite

“ Under the act of 1875 the petition for removal must be filed in the state court before or at the term at which the cause could be first tried. This suit could not only have been tried, but it actually was tried once, nearly two years before the petition to remove. Such being the case, it is needless to inquire whether there might have been a removal under that act if an application had been made in time and in proper form. ”

“ On the twentieth of January, 1882, Holland petitioned for the removal of the suit as against him to the circuit court of the United States for the eastern district of Missouri. The petition set forth that Holland was a citizen of Illinois, and both Swope and Chambers citizens of Missouri ”