Winberg v. Berkeley Co. Ry. & Lumber Co.

The decision upon this motion to remand was reserved to consider the point made by the plaintiff that the application for removal was not made at the first term of the state court at which the cause could have been tried. The plaintiff insists that the cause could have been tried, within the meaning of the third section of the removal act of 1875, at the October term of the state court, if the defendant had not procured several extensions of time to answer, in consequence of which issue was not joined in time to bring tho case to trial at that term. It has never been decided in any case to…