Powell v. . Assurance Society

The Federal statute applicable, Federal Judicial Code, sec. 29, requires in effect that a motion by defendant to remove a cause to the Federal Court shall be made at or before the time for answering expires as fixed by the laws of the State, or by rule of the State courts in which such suit is instituted and pending. This term, “rule of court/’ has been held to mean a standing rule, making-fixed regulation as to the time to file pleadings, and applying to* all cases coming under its provisions, and, the right of removal not being jurisdictional, it is further held that the same may be waived,…