F. B. CLARK v. HIS CREDITORS

[No. 7,492. Department One. ] F. B. CLARK v. HIS CREDITORS. 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. [MAJORITY — The Court :] 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.