Opinion
Department One
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.
COUNSEL
Barclay & Wilson, for Appellants.
W. P. Gardner, and Brunson & Wells, for Respondents.
OPINION
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.