
    Burns v. Paine.
    The affidavit of a juror cannot be received as to improper conduct of the jury.
    The mere dispersion of the jury over night without the permission of the court is not a sufficient ground for a new trial íd a civil case.
    Error from Titns. The appellant moved the court below for a new trial, and in support thereof adduced the affidavit of one of the jurors that the jury, without tlie permission of the court, and after the case had been submitted to them, on the evening- of the same day dispersed and went to their homes and did not re-assemble until next morning.
    
      Mills and Rogers, for plaintiff in error.
    
      J. C. Everett, for defendant in error.
   Lipscomb, J.

The only error relied on b3r the plaintiff in error is the overruling' his motion in the court below for a new trial, and the only ground on which he supposes a new trial ong-ht to have been granted is the irregularity of the jury, as shown by the affidavit of one of their body. The facts disclosed by the affidavit, even if it had been proper to have received it, show nothing from which it would appear or reasonably be presumed that an improper influence had been exerted in the formation of their verdict.

Judgment affirmed.  