
    WRIGHT against ROGERS.
    ON CERTIORARI.
    It appeared by affidavit taken in this cause, that on the trial of the cause below, after the parties had been heard, and as the jury were withdrawing in order to consider of their verdict, that the plaintiff below [411] took a paper out of his pocket, and handed it to one of the jurymen, who took it out with him; that it appeared to the witness to be a paper which, the plaintiff had before shown to the justice, and which he called a plea, that this paper had not been given in evidence. It was now moved on the part of the plaintiff in certiorari, to reverse the judgment, on the ground of this act of the plaintiff below.
    
      C. Kinsey, att’y for plaintiff.
   By the Court.

We do not think this a sufficient ground to reverse the judgment. The contents of the paper does not appear; if it was part of the pleadings it was proper the jury should have it; at all events, the facts do not furnish such a case of illegal practice in the plaintiff below, as to justify the interference of this court, by way of reversal.

Judgment affirmed.  