by John Marshall Harlan

“ If a case is open for trial on the merits, an application for its removal before that trial commences is made 'before the trial thereof.' In our opinion, the interpretation adopted by the court defeats the purpose which congress had in view for the protection of persons sued elsewhere than in the state of which they are citizens. ”

“ Under the act of 1887, there can be no removal, upon the ground of prejudice or local influence, unless it be made to appear to the circuit court of the United States that, on account of such prejudice or local influence, the defendant citizen of another state cannot obtain justice in the state courts. The existence of such prejudice or local influence is often disclosed by a trial in the state court in which the verdict or judgment is set aside. The fact of prejudice or local influence may be established by overwhelming evidence ”