
    Starling v. Thorne & Brother.
    New trial. Practice. Jurors.
    1. The losing party is entitled to a new trial where it appears that a man who was not a member of the jury, and whose name was not on the list, did, without the knowledge or consent of such party or his counsel, accompany the jury to their room, remain there with them,' and participate in the formation and rendition of the verdict. 1 Thompson on Trials, % 3 and 4, and cases cited.
    2. The recital of facts in a motion for a new trial is verified where the bill of exceptions sets forth in detail all the grounds and adds: “The recitals of fact contained in the motion for a new trial, and in each of the foregoing six grounds thereof, are true and correct.”
    July 13, 1891.
    From Bullocb superior court. October term, 1890. Before Judge Hines.
    J. G. & D. H. Clark, for plaintiff in error.
    I). R. Groover, by brief, contra.
    
   Judgment reversed,.  