
    RYERSON against KITCHELL’S Executors.
    ON CERTIORARI.
    It appeared from affidavits, taken under a rule of this court, and now read, that on the trial of the cause below, while the jury were out, considering of their verdict, that the jury being out a great while, and finding a difficulty in agreeing on their verdict, agreed to leave it to two of the jury, to go by themselves, and agree on the verdict; and if them two could not [*] agree, that them two were to choose a third man of the jury, as umpire; that the two men were chosen, and went by themselves, and not agreeing, chose a third man of the jury; that these three men went by themselves and agreed to find no cause of action, and returned to the remainder of the jury, when the jury went into court, and rendered a verdict in conformity to the finding of these three men.
    
      Campbell, for plaintiff.
   By the Court.

This transaction was unlawful; and the judgment rendered on a verdict obtained in this manner cannot be supported.

Judgment reversed.  