MR. CHIEF JUSTICE WAITE delivered the opinion of the court.
The order remanding this case is affirmed. The right to the removal of a suit under the act of March 3, 1875, 18 Stat. 470, ch. 137, is lost by a failure to file a petition "before or at the term at which said cause could be first tried and before the trial thereof," and it is not restored by an amendment of the pleadings afterwards so as to present different issues. As was said in Babbitt v. Clark...
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