Polhemus v. Heiman
California Supreme Court
Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The firm of Goodrich & Polhemus, on the 29th of March, 1871, contracted with the defendants to deliver, in good order, to the latter, two lots of wool, on or before May, 1871, the latter contracting to pay nineteen and one-half cents per pound for it. The plaintiffs brought this action on the 4th of October, 1871, to recover a balance due them for the wool on an account stated.
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Appeal from the District Court, Seventeenth Judicial District, County of Los Angeles. The firm of Goodrich & Polhemus, on the 29th of March, 1871, contracted with the defendants to deliver, in good order, to the latter, two lots of wool, on or before May, 1871, the latter contracting to pay nineteen and one-half cents per pound for it. The plaintiffs brought this action on the 4th of October, 1871, to recover a balance due them for the wool on an account stated. The balance claimed was $2056.02. The defendants answered, admitting the account stated in the sum claimed, but alleging that the…
1Opinion of the Court
By the Court:
In this State the affidavits of jurymen cannot be received to impeach or defeat their verdict. The prohibition extends beyond cases of willful misconduct on the part of jurors, and to every case in which the affidavits are attempted to be used as ground for setting aside a verdict because of a misunderstanding of its effect by some or all of the jurors who united in its rendition. The only exceptions to this rule are those in which the Legislature has by express enactment authorized such attack upon the verdict by those who rendered it, and it is not pretended that the present…
2Cases cited2 opinions
- Boyce v. California Stage Co.California Supreme Court · 1864
- Polhemus v. HeimanCalifornia Supreme Court · 1873
3Cited by16 opinions
- Caylat v. Houston E. & W. T. Ry. Co.Texas Commission of Appeals · 1923
- Wolfgram v. Town of SchoepkeWisconsin Supreme Court · 1904
- Caylat v. Houston East & West Texas Railway Co.Texas Supreme Court · 1923
- Siemsen v. Oakland, San Leandro, & Haywards Electric RailwayCalifornia Supreme Court · 1901
- Whiting v. SquegliaCalifornia Court of Appeal · 1924
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