Majority
p. 639[No. 7,492. Department One. ] F. B. CLARK v. HIS CREDITORS.
Headnote
New Trial—Misconduct of Jury—Affidavit of Juror to Impeach Verdict.—The affidavit of a juror cannot be received to impeach a verdict, to.—Conflict of Evidence—Instructions—Exception.Appeal from the judgment discharging an insolvent, and from an order denying a new trial, in the Superior Court of Los Angeles County. Howard, J.
A petition for a rehearing was filed, and denied.
Barclay & Wilson, for Appellants.
W. P. Gardner, and Brunson & Wells, for Respondents.
Appellant says, first, that the jury were guilty of misconduct; second, that the evidence did not justify the verdict; third, that error occurred in the giving of instructions.
1. There was no evidence of misconduct in the jury-room, other than the affidavit of jurors. A juror cannot impeach his own verdict. (Polhemus v. Heiman, 50 Cal. 433 , 441.)
2. There was a substantial conflict in the testimony.
3. The instructions were not. excepted to.
Judgment and order affirmed.
Cases cited
- Meredith v. Board of Supervisors 50 Cal. 433 at 441 p. 639