Ford v. Pigeon River Lumber Co.

Tbe summons was returnable to September Term, 1910, at wbicb term an order was made in tbis cause as follows: “Plaintiff allowed forty days to file complaint; defendant bas forty days to file answer.” Tbe defendant did not except to tbis order and did not move to dismiss tbe action for failure to file complaint, as it bad a right to do.

It may be, as contended by defendant, that a petition for removal need not be presented until tbe complaint is filed, and tbe record then discloses a removable controversy as to tbe sum demanded, but under our decisions tbe defendant bas waived bis right to…