Morrison Waite,
Scharff v. Levy — Opinion of the Court
“ The fact that in Missouri an amendment may be made or a plea filed as a matter of course does not affect the principle on which the right of removal depends. The demurrer in the present case is not set out in full in the record, but it is conceded in the brief of counsel for the plaintiffs in error that it was 'on the ground that the facts stated did not constitute a cause of action,' and that would have been a fair inference from the entry, 'demurrer filed,' if the admission had not been made. ”
