Saltzman v. Sunset Telephone & Telegraph Co.

Citations

• 125 Cal. 501
• 58 P. 169
• 1899 Cal. LEXIS 888

Syllabus

<p>New Teial—Misconduct op Juby—Affidavits—Statement.—A motion for a new trial made solely on the ground of misconduct of the jury, must he made upon affidavits; and,. in such case, a statement is unauthorized, and must be disregarded.</p> <p>Id.—Deposition Taken in Coubt—The deposition of the deputy sheriff in charge of the jury, who refused to give a voluntary affidavit, must be regarded as an affidavit for the purposes of the motion.</p> <p>Id.—Ruling as to Evidence—Affidavit of Dissenting Juboe— Bill of Exceptions—Review upon Appeal.—The ruling of the court in disregarding the affidavit of a dissenting juror as to the misconduct of a juror assenting to the verdict, need not be specifically excepted to or appealed from; but if all of the affidavits and the ruling upon the motion are incorporated in a bill of exceptions, the appellate court may review the competency of the affidavit upon appeal from the order denying a new trial.</p> <p>Id.—Impeachment of Vebdict by Jubobs—Reasons fob Rule-Public Policy.—The rule that the affidavits of jurors are not admissible to impeach the verdict, is proved by the statutory exception in ease of a resort to chance. The rule is not based solely upon the estoppel of the assenting jurors, but is grounded upon public policy which forbids that the verdict should be imperiled by the evidence of jurors who may be tampered with to accuse themselves or other jurors, and which requires that the independence and freedom from Improper restraint of the jury in their deliberations and discussions should be secured.</p> <p>Id—Applicability of Rule to Dissenting'Jubobs—Declarations of Assenting Jubob.—The rule against the affidavits of jurors is not changed in its application by the amendment of the Code of Civil Procedure which permits a verdict by a specified majority of the jury; and the affidavit of a dissenting juror is not admissible to prove the declaration of an assenting juror whose vote was essential to the verdict, to the effect tha