66 Iowa 531 | Iowa | 1885
It is well settled that affidavits of jurors are not admissible to impeach their verdict by showing a mistake in calculation or error in judgment. The question of the admissibility of affidavits of jurors to impeach their verdict was considered in an elaborate opinion by Mi’. Justice Cole in Wright v. Illinois & M. Tel. Co., 20 Iowa, 195. See, also, Hall v. Robison, 25 Id., 93.
The affidavit in question was offered merely to show a mistake or an error in judgment, a matter inhering strictly in the verdict; and under the rule we think it was not admissible. The defendants contend, however, that, independently of what the affidavit shows, the verdict should be set aside. Their position is that upon no theory of the evidence can the verdict be regarded as correct, While they concede that the evidence was conflicting, and under it the jury might have rendered a verdict considerably less favorable to them than they did, yet, not having done so, they should have rendered a verdict considerably more favorable to them than they did.
II. The court instructed the jury, in substance, that in determining the amount due upon the guaranty they should deduct “ any amount already paid.” The defendants insist that this instruction was calculated to mislead the jury and induce them to deduct the amount realized on the execution sale. But we do not think that this position can be sustained. A part of the money realized upon the execution sale was unquestionably to be deducted, and we see nothing in the instruction by which the jury might have been misled. We think that the judgment of the district court must be
Affirmed.