Samuel Freeman Miller

“ The court there says: 'The act of congress does not provide for the removal of a cause at the first term at which a trial can be had on the issues as finally settled by leave of court or otherwise, but at the first term at which the cause, as a cause, could be tried.' Under this construction of the statute which is, undoubtedly, sound, there is no difficulty in deciding this case. ”

“ While the party who has a case for removal is not put to his election to exercise or abandon the right to remove at the moment of entering his appearance, he is not permitted unreasonably to delay this election during all the period incident to the preparation of the case, until both parties find themselves in condition to go to trial at law, or are ready for a hearing in chancery. ”

“ The law remained in this condition until an act of congress of July 27, 1866, authorized an alien or citizen of a state other than that in which the suit is brought, to remove the cause, though there be other defendants who are citizens of that state, when there can be a final determination of the controversy, so far as he is concerned, without the presence of the other defendants. ”