Wilson v. Berryman

Citations

• 5 Cal. 44

Syllabus

<p>When .jurors agree each one to mark down the sum he thinks proper to find as damages, and then to divide the total amount of those sums by the number of pel-sons composing the jury, which result should be (heir verdict,-a verdict thus lound is irregular, and will be set aside.</p> <p>Such verdicts arc regarded in the same light as gambling verdicts.</p> <p>But if such means be adopted merely to arrive at a proper result for the purpose of determining what the verdict shall he, without- any being bound thereby, and afterwards the jury agree upon such sum as their verdict, the Court will not disturb it-.</p> <p>The affidavits of jurors caunot be received to impeach their verdict, hut they w he allowed, in order to substantiate it.</p> <p>Where the affidavit of a juror is sworn to be correct by another party, it may be treated as the latter’s original affidavit.</p> <p>And it seems that the testimony of the Sheriff is competent to disclose what transpires in the jury room.</p>