Page:Federal Reporter, 1st Series, Volume 2.djvu/749

 742 FEDERAL REPORTER. �purpose of settling the pleadings in the state court. These can be settled in the federal court after removal, if necessary. If the local law makes the first term after suit is brought an appearance term merely, and declares that the second term is the one at which the case may be brought to trial, then the latter is the term at or before which the petition for removal must be filed. But where the first term after service of pro- cess is the term at which by law a case is triable, then that is the term to which the act of congress refers. �In other words, the term at which a case can "first be tried" is the first term at which it may by law be tried. The statute should be construed so as to require litigants who bave a choioe of forums to make their election promptly. Besides, any other rule than the one above stated would cause vexations delays. If, for example, we should adopt the construction contended for by defendants' counsel, and say that the term referred to by the statute is the term at which an issue of fact is joined, the resuit would be that litigants might in many cases postpone the joining of such an issue by raising and contesting questions of law in the state court for the purpose of gaining time, as well as of ascertaining the views of the state court before applying for a removal — thus continuing, under the act of 1875, the abuses which under the previous acts caused so much and such just complaint. �The motion to remand is sustained. �Kebkel, D. J., coneurs. �Note. — Bee Slaekwdl v. Braun, 1 Fed. Rbp. 351; Forreit v. Forrest Some, Id. 459; Whitelwuse v. Im. Co., anie, 49a. ����