32 Iowa 515 | Iowa | 1871
The record represents the single question whether the affidavits filed in support of plaintiff’s motion were admissible and competent to impeach the verdict. The general rule, established by the decisions of this court, is, that affidavits of jurors may be received for the purpose of avoiding their verdict, to show any matter occurring during the trial or in the jury room which does not essentially inhere in the verdict itself, as that a juror was improperly approached by a party, his attorney or agent; that witnesses or others conversed as to the facts or merits of the case out of court, and in presence of the jurors; that the
In Stewart v. Burlington and Missouri River Railroad Co., 11 Iowa, 62, the jury took with them to their room and there read the deposition of a witness, taken by plaintiff, in whose favor the verdict was given. This fact was shown to the court by the affidavits of jurors. This court, in passing upon the admissibility of these affidavits (per Baldwin, J.), recognized the rule to be well settled that “ such affidavits may not be received by the court, for the purpose of impeaching their verdict, yet, under the provisions of the Code (§ 1810), they may be considered as showing any misconduct upon the part of the jury, in finding their yerdict.” They were held admissible in that case as showing misconduct on the part of the jury in taking and reading a deposition in their room. The decision was placed upon this ground, and upon this alone. The affidavits did not show that the jurors were influenced by the deposition in finding their verdict. This was presumed from the verdict itself, the misconduct being shown. In
The grounds urged for setting aside the verdict were, that a juror read a part of the answer and the exhibit thereto, which had been held bad on demurrer, and was thereby induced to consent to the verdict. This is shown alone by the affidavits of jurors. It seems to us very clear that this cannot be done under the rule; that the matter here sought to be shown is such as essentially inheres in the verdict. "What it was that induced the juror to consent to the verdict must alone rest in his own breast, and he cannot, and ought not, to be allowed to impeach his verdict, formally and solemnly rendered.
The order of the court below, setting aside the verdict and awarding a new trial, is
Reversed.