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BABBITT V. CLARK, 103 U. S. 606 (1880)

U.S. Supreme Court

Babbitt v. Clark, 103 U.S. 606 (1880)

Babbitt v. Clark

103 U.S. 606


1. Under the Act of March 3, 1875, c. 137, 18 Stat., pt. 3, p. 470, a writ of error is the proper mode for reviewing here the order of the circuit court remanding an action at law removed thereto from a state court, and it lies without regard to the value of the matter in dispute.

2. The removal should not be granted if the petition therefor be not filed in the state court before or at the term at which the action could be first tried, and before the trial thereof. Where, therefore, a cause, by the practice of the state court, stood for trial upon the issue raised by the petition and answer, the rule day having expired without filing a reply, and the plaintiff then filed in the clerk's office a reply, without leave or notice, and the cause was continued until the ensuing term, when, before the cause was called for trial, the defendant presented his application for its removal, held that the application should not have been granted, and the order of the circuit court remanding the cause was proper.

The facts are stated in the opinion of the Court.

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