Morrison Waite

“ The view we have taken of the case makes it unnecessary to consider whether the filing of the petition for removal in the clerk's office, the court not being in session, was sufficient of itself to effect a removal. ”

“ Bryant (21 Wall. 41) , that after one trial the right to another must be perfected before a demand for removal could be made.
In this case there had been one trial and a judgment for McKinley, the plaintiff below, against the railroad company in the State court before the petition for removal was filed. ”

“ This motion was denied, and afterwards upon the rehearing, the plaintiff below having consented to a reduction of the verdict in his vavor from $12,000 to $7,000, a judgment was entered in the Supreme Court for the reduced amount, in accordance with the opinion originally filed. ”