Saul v. Metropolitan Life Ins.

SIBLEY, Circuit Judge.

The motion to remand is based on the ground that the right of removal was. lost by a failure to assert it at or before the time the defendant was required to plead in the state court, to wit, September 28, 1934. To uphold the removal, the defendant says that it was sought so soon as the plaintiff by an amendment of his petition on January 8, 1937, disclosed the amount in controversy to be in excess of $3,-000. The plaintiff replies that the amendment did not at all change the amount in controversy or render the case for the first time removable.

The original petition set…