In re Frazer

STVAYNE, Circuit Judge.

The case was fully and ably argued before me upon both sides. I have examined it with care, and my conclusions are as follows:

I. Aside from other objections, the application for the removal of the case to the federal court was made too late. It should have been made before the decree of the probate court was entered, and the appeal taken to the higher state court. Thereafter the right of removal was at an end; the delay was fatal. Such an application cannot be made to an appellate court. Stevenson v. Williams, 19 Wall. [86 U. S.] 572; Vannevar v. Bryant, 21 Wall. [88 U.…