The appeal was on the grounds that while a party who has a case for removal is not put to his election to exercise or abandon the right to remove at the moment of entering his appearance, he is not permitted unreasonably to delay this election during all the period incident to the preparation of the case, until both parties find themselves in condition to go to trial at law.

[1] Whether they be statutory or rules of the court's adoption, the cause would stand for trial if the parties had taken the usual steps as to pleading and other preparations.

This term at which the case could be first tried is to be ascertained by these rules, and not by the manner in which the parties have complied with them, or have been excused for non- compliance by the court, or by stipulation among themselves.

It appears by a stipulation in the case that the first Monday in every month is the beginning of a new term of the Superior Court of Cook County, from which this suit was removed.

It also appears that the suit was brought to the September term, 1883, of that court, and the defendants, who were the removing party, and are also appellants here, obtained an extension of time, by order of the court, for 30 days from September 20, to answer the original bill, and like time was granted to the defendants in a cross-bill to answer that.