Brooks-Wright, Inc. v. Maryland Casualty Co.

The question for consideration is whether a petition for removal, for diversity of citizenship, under section 28 of the Federal Judicial Code, presented after the filing of an affidavit of merits in accordance with demand made pursuant to rule 77 of this court and also after the expiration of the period limited therefor, but before formal answer and within the term appointed for pleading, is timely under section 29 of the Code. 28 U. S. C. A., §§ 71, 72. I entertain the view that it is not.

By virtue of the provision last cited, the petition for removal may be filed “at the time, or any time…