Gregory v. Hartley - 113 U.S. 742 (1885)
U.S. Supreme Court
Gregory v. Hartley, 113 U.S. 742 (1885)
Gregory v. Hartley
Submitted December 9, 1884
Decided March 16, 1885
113 U.S. 742
It is again decided that the words "term at which said cause could be first tried and before the trial thereof," Act of March 3, 1875, c. 137, § 3, 18 Stat. 471, mean the first term at which the cause is in law triable, i.e., in which it would stand for trial if the parties had taken the usual steps as to pleadings and other preparations. Babbitt v. Clark, 103 U. S. 808, and Pullman Palace Car Co. v. Speck, ante, 113 U. S. 87, reaffirmed.
It is again decided that there cannot be a removal of a cause under that act after hearing on demurrer to a complaint on the ground that it does not state facts sufficient to a cause of action. Alley v. Nott, 111 U. S. 472, and Scharf v. Levy, 112 U. S. 711, affirmed.
This was a motion to dismiss. The facts which make the case are stated in the opinion of the Court.