Clark v. His Creditors (1881) · DecisionDepot

Clark v. His Creditors

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1881 No. No. 7,492Published

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Holding. The court affirmed the judgment and order, ruling that jurors cannot impeach their own verdict, that a substantial conflict in testimony supports the verdict, and that unexcepted instructions cannot be reviewed.

Issues

Whether the jury was guilty of misconduct.
Whether the evidence justified the verdict.
Whether the court erred in giving instructions.

Disposition. Affirmed.

Quotations verified verbatim against the opinion

“A juror cannot impeach his own verdict.”

“There was a substantial conflict in the testimony.”

“The instructions were not. excepted to.”

Synopsis

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.

The Court : 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.

Clark v. His Creditors

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