Levittas v. Hart

' When this action came on for trial, the defendant moved to dismiss the complaint, upon the ground that it did not state facts constituting a cause of action. *37Plaintiff thereupon moved for leave to withdraw a juror, in order to enable him to apply at Special Term to amend the complaint. This motion was granted upon payment of “ a trial fee, to wit, the sum of $30.” Thereafter, the plaintiff moved at Special Term of the City Court for leave to amend the complaint, and such leave was granted upon payment of “ taxable costs of the action.” Upon an affidavit setting forth that the plaintiff paid…