Morrison Waite,
Jifkins v. Sweetzer — Opinion of the Court
“ This disposed of the case finally on its merits, and nothing remained to be done but to continue the hearing already begun until the necessary accounts could be taken and the details of a final decree settled. The act of 1875 requires that the petition for removal shall be filed 'before the trial.' This, we held in the Removal Cases (100 U.S. 457) , meant 'before the trial is in good faith entered upon.' If the 'trial had actually begun and was in progress in the orderly course of proceeding,' when the petition was presented, it would be too late. ”
