Neville v. Butler

’ This cause came bri for- trial at a Trial Term of this court on-"October 21, 1898. A jury was duly impaneled and sworn, .and’the plaintiff opened his case. ;

v.: .The1 defendant thereupon moved ‘the 'court to dismiss the complaint upon the ground that it appeared, upon the'face 'thereof, that it- -did riot stató facts sufficient,-to constitute a cause-of -action.: The court directed that a juror be withdrawn, and, upon' motion of-the plaintiff,-granted him 'leave- to amend-his complaint herein so -aS to meet the objection raised. ’ - . ' ■-

’ . On the same day there was served upon the…