12 Ga. 500 | Ga. | 1853
delivering the opinion.
Isaac L. Streetman, one of the special Jurors who tried the cause, made an affidavit, in which he states, “that he returned his verdict in the case for the plaintiff, under the supposition that there had been a settlement between the parties of the accounts in defendant’s plea, from the fact that the note sued on was of a younger date than the accounts in said plea, and for a smaller amount than the original notes given by Beall and Garter, to Gresham, and if he had not so understood the case, he would not have returned his verdict for the plaintiff,”
The affidavits of Jurors cannot be received to show their impressions as to the effect of their finding, or that they intended something different from what they found by their verdict. The People vs. Columbia, 1 Wendell’s Rep. 297. The affidavit of a Juryman cannot be received to impeach his verdict. Voize vs. Delaval, 1 Term Rep. 11. The admission of such affidavits by Jurymen, after they have rendered their verdict, for the purpose of setting the same aside and obtaining a new trial, would, in our judgment, be,productive of an intolerable practical mischief.
Let the judgment of the Court below granting the new trial, on the ground of newly discovered evidence, be affirmed.