Cramer v. Mack

The motion to remand this action to the state court presents the question whether this cause could have been tried at the January term of the court of common pleas for the city and county of Now York, within the moaning of that clause of the removal act of March 3, 1875, which requires the petition for removal to have been filed “before or at the term at which said cause could first be tried.” If the cause could have been tried at that term the petition was filed too late, and the motion to remand must prevail.

Issue had been joined by the service of an answer to the plaintiff’s complaint,…