Ross v. Bayer-Gardner-Himes Co.

The order should be modified by requiring the plaintiff, as a condition for the -service of the amended complaint, to pay to the defendant all costs in the action, except a trial fee for the trial at which a juror was withdrawn, the court having imposed the payment of such trial fee upon the plaintiff as a condition for allowing the withdrawal of the juror, and, as thus modified, the order should be affirmed, without costs of this appeal.