
    [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.
   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.  