Volume 10 — Puerto Rico Reports

<p>Appeal from the District Court of Ponce.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Ponce.</p>

<p>Appeal from the District Court of Humaeao.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Arécibo.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Humacao.</p> <p>The facts are stated, in the opinion.</p>

<p>Appeal from the District Court of Mayagiiez.</p> <p>The facts are stated in the opinion.</p>

<p>Application for a Writ of Certiorari.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Aguadilla.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Manifest Errors. — Where no bill of exceptions or statement of fpcts has been filed, aid it does not appear from the record that any error has been committed which would justify , the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Appeal from the District Court of Mayaguez.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Manifest Errors. — Where no bill of exceptions or statement of facts is filed, and if it does not appear that any error was committed which would justify the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Appeal from the District Court of Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Documents Which the Transcript oe Record Should Contain. — The transcript of record on appeal'from a final judgment should contain only those documents required by the provisions of sections 233 and 299 of the Code of Civil Procedure.</p> <p>Id. — Evidence—Bill op Exceptions — Statement op Pacts. — Questions raised on appeal which are based on the evidence taken in the trial court cannot be considered in the absence of a bill of exceptions or statement of facts.</p> <p>Citation — Cases in Which the Complaint .Runs Against Two or More Persons Doing Business Under a Common Name. — Citation to answer a complaint brought against two or more persons associated in any business under a common name, may be served upon all of the associates or upon any one of them. ></p>

<p>Appeal — Order Denying Motion for Continuance. — An order denying a motion for a continuance and postponement of trial is not an appealable order according to the provisions of section 295 of the Code of Civil Procedure, but as it may be excepted to according to law, it may be considered on an appeal taken from the final judgment rendered in the same action wherein such order is entered.</p> <p>Id. — Notice op Appeal Should Form Part of Transcript of Record. — In the transcript of the record a copy of the notice of appeal should be included, and if it is not so included the appellate court can not consider the appeal, even though both parties agree that the appeal has been taken inasmuch as such an agreement is not legal proof that the appeal was taken.</p> <p>Id. — Dismissal of Appeal. — Where a copy of the notice of appeal is not included in the transcript, the appeal may be dismissed.</p> <p>Id. — Rules of Procedure — Agreement of Parties. — Rules of procedure are binding upon all of the parties to an action, and the same can not be substituted by special agreement or stipulation between the parties.</p>

<p>Guardian — Institution of Suit in the Name of the 'Minor/ — Demurrer.—The guardian must be authorized by a competent court in order to sue in the name of minors under his guardianship, and the absence of such authorization constitutes a lack of legal capacity to sue, -which objection may be raised by demurrer.</p> <p>Id. — Section 56 of the Code of Civil Procedure and section 76 of the Act of March 9, 1905, establishing special legal proceedings, do not by their provisions eliminate the necessity for judicial authorization to sue in the cases expressly enumerated in section 282 of the Civil Code.</p>

<p>Appeal from the District Court of San Juan.</p> <p>Tlie facts are stated, in the opinion.</p>

This is an action prosecuted in the District Court of San Juan by Felicia Fernández y Gutierrez del Arroyo, of age, unmarried, property owner, and a resident of this city, represented by Attorney Rafael López Landrón, as plaintiff, against Rafael Gutiérrez del Arroyo y TJmpierre, of age, unmarried, property owner, and a resident of Bayamon, represented by Attorney Eduardo Acuña Aybar, involving the rendition of accounts, the division of an inheritance, and other matters.

<p>Taxes — Liability oe all the Property of Taxpayers for Payment of Taxes. — ■ All of the property of taxpayers is liable for the payment of the taxes assessed against the same, no matter what kind of property it may be.</p> <p>Id. — Taxes Assessed Against Real Property. — Taxes assessed against the real property of a taxpayer constitutes an encumbrance upon the same whoever may be in possession thereof.</p> <p>Id. — Taxes on Real Property. — Taxes assessed against the personal property of a taxpayer do not constitute an encumbrance or charge upon the real property of such taxpayer, and therefore when such personal property has left the hands of a debtor and passed to a third person, it cannot be followed into the hands of such third party for the collection of taxes on the real property of the debtor.</p> <p>Id. — Presumption in Regard to Property. — Property is presumed to be free from encumbrance so long as it does not appear to be encumbered by virtue of law, or by some other legal means.</p> <p>Id. — Pers’onal Credit. — The position of the Treasurer of Porto Rico, with respect to the taxes imposed upon personal property of taxpayers, is that of a mere personal creditor, without mortgage or lien upon the real property of the debtor.</p> <p>Id. — Preferred Credit. — A tax upon the personal property of a taxpayer is a preferred credit upon the real and personal property of the debtor -which does not appear to be especially encumbered by any other preferred liabilities, such as those provided for by section 1823 and subdivision 1, and section 1824 of the Civil Code, which are preferred as against all other creditors.</p>

<p>Appeal — Objections to Evidence. — Where an objection is made to the evidence on the ground that the same is insufficient, it must be stated in what such insufficiency consists.</p> <p>Id. — Stenographer's Notes — Bill op Exceptions — Statement op Facts. — The notes taken by the stenographer during the course of a trial do not in themselves possess the necessary legal ^ffieaey to warrant the court in considering them the same as a bill of exceptions or statement of facts.</p> <p>Id. — Consideration op Evidence Taken at Trial — Sufficiency op Same. — In order that the Supreme Court may consider on appeal the evidence taken at the trial to determine whether or not it is sufficient to warrant the prosecution of the action, it is necessary that it be presented in a bill of exceptions or statement of facts, agreed to by both parties if possible, and in every case by the judge.</p> <p>Id. — Weighing Evidence. — Where there is no bill of exceptions or statement of facts, it will be presumed that the judge of the trial court duly weighed the evidence introduced at the trial, because the appellate court is without the means to determine to the contrary.</p>

<p>Injunction — How Application Should be Prepared. — In tlie application for the writ of injunction a full and complete statement of all the facts in the case must be made, and where it appears that such facts have not been fully stated, or that it has been sought to conceal some of them, the application must be denied.</p> <p>Id. — Writs of injunction should be granted with great caution, and only in cases where the reason and necessity therefor are clear.</p> <p>Id. — A hasty and ill-considered issuance of writs of injunction is dangerous and against the economic interests of the country and the rights of the parties and-the well-settled precedents of courts of justice.</p> <p>Id. — Ordinary Remedy — Negligence op Party. — -Where a person has his remedy provided by law, but does not avail himself of it, and fails to show wherein he has been prejudiced, he has no right to relief in a court by means of an application for injunction.</p> <p>Id. — Damages Capable op Being Tndemnipied. — A writ of injunction will not issue to satisfy a damage, for which ample compensation may be had in an action for recovery of damages.</p> <p>Id. — Suspension op Execution op Judgment. — The writ of injunction will not issue to prevent the execution of a judgment declaring a person to be the owner of certain properties and ordering the possession thereof to be given to such person until the petitioner for such writ shall have obtained a judgment declaring said proceedings to be null and void, as also the title to such property.</p> <p>Id. — Right Infringed or Encroached Upon. — In order to obtain an injunction it is necessary that the party applying therefor shall have some right which may be infringed or encroached upon by an act which the party sought to be restrained is about to perform.</p> <p>Id. — In eases of injunction the utmost care must be observed in the exercise of the jurisdiction, and the relief should only be allowed upon a clear necessity being shown of affording immediate protection to some right or interest of the party applying which would otherwise be seriously injured or impaired.</p>

<p>Appeal from the District Court of Humacao.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in tbe opinion.</p>

<p>Appeal — Evidence—Bill op Exceptions — Statement op Facts. — In order that the Supreme Court may consider the evidence introduced at the trial it is necessary that a bill of exceptions or statement of facts be included in the transcript of the record.</p> <p>Id. — Documents Which Constitute a Record on Appeal. — Although according to the Act of March 12, 1903, changing the Supreme Court into a court of appeals, it may take cognizance of all the facts and proceedings as they appear in the record; the word “record" has no other signification than the definition thereof given in subdivision 2 of section 233 and in section 299 of the Code of Civil Procedure.</p> <p>Contracts Which Must be in Writing. — In accordance with section 1247 of the Civil Code, besides certain other contracts mentioned therein, all contracts involving more than $300 must be in writing.</p> <p>Id. — Cases in Which the Provisions op Section 1247 op the Civil Code are not Applicable. — Section 1247 of the Civil Code, providing what contracts must be set out in writing, is not applicable to those cases in which the purpose of the complaint is not to require the performance of the stipulations of a contract which is pending execution, but the consequences of such execution by the parties.</p>

<p>Crimes Against the Election Law — Information.—An information charging the accused, as a judge of elections, with "having refused to require persons desiring to vote to take the oath required by law to show their capacity to vote, ’' without alleging that such persons were challenged and without stating their names, is not sufficient to charge the accused with a violation of section 261 of the Revised Statutes, or with any other crime.</p>

<p>Appeal from the District Court of Mayaguez.</p> <p>STATEMENT OF THE CASE.</p> <p>A bearing was bad of tbe declaratory action of greater import, prosecuted in tbe former District Court of Mayaguez, by Damián Francescbi and J. Tornabells & Co., as plaintiffs, against Santiago Sambolín y Montalvo and G-avino Garces y Ramirez, the latter personally and in' representation of bis legitimate daughter, Carmen Julia Garces y Lugo, as defendants, in tbe matter of an intervention of preferred right. The proceedings are pending before us by virtue of an appeal in cassation for an error of law, now appeal, taken by the defendants from tbe judgment rendered by tbe said district court, which reads as follows:</p> <p>“Judgment. — In the city of Mayaguez, September 27, 1902. An oral and public hearing was had in this declaratory action prosecuted in this court by Damián Franeeschi and J. Tornabells & Co., represented by Attorney Antonio Manrique de Lara, as plaintiffs, against Santiago Sambolín y Montalvo and Gavino Garces y Ramirez, the latter personally and in representation of his legitimate daughter, Carmen Julia Garces y Lugo, represented by Attorney José de Diego, as defendants, in the matter of an intervention of preferred right.</p> <p>“1. Attorney Antonio Manrique de Lara, on behalf of Damian Franeeschi and J. Tornabells & Co., filed a complaint in intervention of preferred right in this court, against Santiago Sambolín and Ga-vina Garces y Ramirez, the latter personally and in representation of his minor daughter, Carmen Julia Garces y Lugo, alleging that in the declaratory action prosecuted by Gavilán Garces Nazario on behalf of his minor son, Gavina Garces Ramirez, the latter in his turn on behalf of his minor daughter, Carmen Julia, against his clients and others, involving the annulment of proceedings for division and other matters, judgment was rendered in favor of the defendants on September 21, 1900, with the costs against the plaintiffs; that upon said judgment becoming final, the taxation of the costs was proceeded with and were found to amount to $1,176.71, American money, to enforce the payment of which 3 houses situated in the barrio of Marezfia, municipal district of San German, were attached, the said houses having the boundaries set forth in the second statement of fact of the complaint, a cautionary notice of this attachment being recorded in the Registry of Property of San German; that' two complaints were filed in an oral civil action in November, 1901, by Santiago Sambolín against Gavino Garces Ramirez, the' latter in his own right and on behalf of his daughter Carmen Julia, for the recovery of payment of 2 notes, one for 600 pesos, provincial currency, and the other for 610, in which action judgment was rendered in favor of the defendants; and in the execution of this judgment an attachment was levied on the same 3 houses, situated in the barrio of Marezúa, municipal district of San German, to which reference has been made, their sale at public auction being advertised to take place on March 18th last; that the documents upon which Sambolín based his action consisted of the 2 promissory notes aforementioned, signed by Monserrate Lugo de Garces and her husband, Gavino Garces Ramirez, dated May 9, 1894, the note for 600 pesos maturing in the month of November, 1899, and that for 610 pesos in December of the same year; that a cautionary notice of the attachments levied was recorded in the Registry of Property of San German, December 17, 1901; and that Mrs. Monserrate Lugo, as well as her husband, Gavino Garces Ramírez, were minors at the time of signing these obligations in favor of' Sambolín; the complaint prayed that after the legal proceedings judgment be rendered upholding the right of his clients to recover the claim for costs taxed against the minor, Carmen Julia, by reason of the proceedings prosecuted by her legal representatives against the present plaintiffs in intervention involving a number of annulments, with preference to the ere.dits of Santiago Sambolín above referred to, and with, the costs against the defendants.</p> <p>“2. The complaint having been admitted and referred to the defendants, answer was made by Attorney Diego, first on behalf of Santiago Sambolín and then on behalf of Gavino Garces Ramirez, denying all the allegations of the plaintiff for the reasons set forth in-his answers dated April 25th and June 5th last, appearing at folios 40 and 45 of this record, and praying therein for the dismissal of the complaint in intervention of preferred right filed against his client, with the costs against the plaintiffs.</p> <p>“3. The parties having been summoned to a hearing for the submission of evidence, such hearing was had on, July 1st last, confession, documentary evidence, and the verification of documents being proposed. Such evidence was declared pertinent by order of the 5th of said month of July and ordered heard, with the citation of the adverse party. •</p> <p>“4. The oral hearing was had on the 17th instant, the date for which it had been set, with the attendance of counsel for the parties, who made their respective arguments, the judgment, which was unanimous, having been voted at a public hearing on the 27th instant fixed therefor, with the costs against the defendants.</p> <p>“5. The rules of procedure have been observed in the prosecution of these proceedings.</p> <p>“Associate Judge Luis Méndez Yaz delivered the opinion of 'the court.</p> <p>“1. From the moment that the priority of two claims against the property of the same debtor is in dispute, it becomes necessary to examine said credits from all legal points of view, to determine which of them is to be preferred.</p> <p>“2. The credit claimed by the plaintiff is perfectly valid and efficient, because it owes its origin to an action brought by Gavino Garces on behalf of his minor daughter, Julia Gavina Garces, against the present intervenors; -which action was dismissed with the costs against the plaintiff.</p> <p>‘13. The claim of Sambolín owes its origin to two promissory notes, dated May 19, 1894, signed by Mrs. Monserrate Lugo, accompanied by her husband only, both of them being minors when they signed said' obligations, as shown by the certificates of baptism, which appear in the record at folios 69 and 70, without the attendance of such execution of the persons called on to perfect their capacity according to the law.</p> <p>“4. According to article 317 of the Civil Code, an emancipated' minor cannot, among other things, borrow money without the consent of his father, and, in the absence of the latter, without that of his mother, and, in the absence of both, without that of his guardian.</p> <p>“5. Although marriage produces the right of emancipation, it is with the limitations contained in article 59 and subdivision 3 of article 50 of the Civil Code, the last paragraph of the former providing that in no case until he has attained his majority, may the husband borrow money without the consent of his father, mother, or guardian, as the case may be.</p> <p>‘ ‘ 6. Any act in contravention of the provisions of law is void, and, therefore, the notes held by Sambolin, and signed by Mrs. Monserrate Lugo, accompanied by her husband, G-avino G-arees, are void, because the signers thereof lacked the capacity necessary to bind themselves when they executed them; and, therefore, said credit, owing to the material defects it contains, can under no circumstances be given preference over that of the intervenor, the claim of the latter having the requisites prescribed by law to make it demandable in court.</p> <p>“7. Although the defendant has proved by documentary evidence, which appears of record at folio 52, /that Mrs. Monserrate Lugo, the wife of G-avino Garees, died on January 24, 1895, endeavoring to show thereby that since said date the notes drawn in favor of his client Sambolin were prejudicing third persons, and, consequently, that they were entitled to preference in payment of the claim of the inter-"venors, such an allegation lacks force and validity in law; because although it is true that the dates of private documents are reckoned with respect to third persons, in other cases, from the date of the death of one of ,the parties thereto, this applies only to obligations which comprise the conditions of validity required by the law, which does not occur in this case.</p> <p>"8. By virtue of what has heretofore been stated, it is absolutely useless to discuss which of the two notices of attachment is to be given the preference, because it is an incontrovertible principle of our present Mortgage Law that a record, and much less a notice, in the registry of property does not validate acts which are void under the law.</p> <p>“9. The costs must be taxed against a litigant, all of whose claims have been rejected.</p> <p>“In view of the articles of the Civil Code cited, and other applicable articles thereof, the articles of the Law of Civil Procedure relating to the case, and General Orders 118 of 1899, we adjudge that we should hold, and we do hold, that the credit of J. Tornabells & Co. and Damián Franceschi, consisting of a final judgment,-must be paid in preference to that represented by the notes held by Santiago Sambolín, and that, consequently, payment shall be made from the property attached in the two civil actions brought in the Municipal Court of San German against Gavino Garces, personally and as representing his minor daughter, Carmen Julia, to the plaintiff first, in preference to Sambolín, against whom we tax the costs in conjunction with the other defendant, Gavino Garces, personally and as representing his minor daughter, the said Carmen Julia.</p> <p>“Thus, by this our final judgment, do we pronounce, order and sign. — J. A. Erwin; Luis Mendez Yaz; R. Roura.”</p> <p>From this judgment Santiago Sambolín and Gavino Garces y Ramírez, the latter in his own name and on behalf of his said minor daughter, Carmen Julia, took an appeal in cassation for an error in law, which was admitted, and the record having been transmitted to this Supreme Court, and the parties cited and summoned, said parties appeared, with the exception of Gavino Garces y Ramirez, who failed to do so withiR the legal period, on which account the appeal was held to have been abandoned so far as he was concerned The appeal was prosecuted in the form prescribed by the Act of the Legislative Assembly of this Island of March 12, 1903, establishing this Supreme Court as a court of appeals, and a day was set for the hearing which was had with the attendance of counsel for the parties.</p>

<p>Appeal from the District Court of Arecibo.</p> <p>The facts are stated in tlie opinion.</p>

<p>Aciton — Special Proceeding. — The Code of Civil Procedure in force requires that for the prosecution of an aetion, there shall be a cause of action, parties plaintiff and defendant, a trial and a final judgment, and that a special proceeding of a civil nature is an action.</p> <p>Id. — Mortgage—Foreclosure Proceedings. — The summary proceedings for the recovery of mortgage debts is the result of a contract between the parties, wherein the prestations have been agreed to, as also the manner of enforcing them in ease of noneomplianee, and if such contract is not contrary to public policy, it must be upheld, thus respecting the expressed will of tjie parties.</p> <p>Id. — The summary proceedings established in the Mortgage Law and Eegulations is not, by its nature and object, inconsistent with the ordinary proceeding of the Code of Civil Procedure, nor is there any conflict between the two.</p> <p>Id. — Constitutionality oe the Summary Mortgage Proceeding — -Due Process op Law. — -The special or summary mortgage poreeeding is constitutional and cannot be assailed on the ground of its not constituting due process of law, inasmuch as it does not leave unprotected the bona fide debtor who is heard, and afforded the means of righting the wrongs committed against him.</p> <p>Id. — Ordinary and Special Proceedings. — Upon adopting the new Code of Civil Procedure, it was not the intention of the Legislature to establish a complete system of procedure, regulating not only ordinary but also special proceedings, wherefore the laws regulating such proceedings have remained in force and are consistent with the provisions of the aforesaid Code.</p> <p>Mortgage Law — Repeal Thereof. — None of the provisions of the Mortgage Law Law can be repealed by implication, but must be repealed by special law, according to the provisions of article 413 of said law, sanctioned by the Congress of the United States, which, under section 8 of the Organic Law, declared that the aforesaid law continued in force.</p> <p>Action — Compulsory Proceeding. — The special proceeding for the recovery of debts continues in force as to the first part thereof, namely, up to and including the provisions in regard to the demand for the payment of the debt, but it has been repealed as to that portion which might be known as compulsory proceedings, that is, that portion having reference to the sale of the encumbered property, which must come entirely under the act of March 9, 1905, relating to judgments and the manner of satisfying them.</p>

<p>Appeal — Demurrer.—An order overruling a demurrer is not a final judgment and is not therefore appealable to tlie Supreme Court.</p> <p>Id. — Order Excepted to — Operation oe Law. — Orders overruling demurrers are considered to be excepted to by operation of law, and may be reviewed on appeal taken from the final judgment in the ease.</p>

<p>Default — Entry Thereof. — An entry of default made by tlie secretary of tlie court in a case where the defendant has failed to answer the complaint within the period prescribed by law, is purely a ministerial act and cannot be considered as an order.</p> <p>Id. — It is not necessary for the court to make any order whatever so that the secretary thereof may proceed to enter the default of a defendant in a case where lie has failed to answer the complaint within the period prescribed by law.</p> <p>Id. — Where a defendant has failed to file his answer within the period provided for by law', his default may be entered without notice to such defendant.</p> <p>Id. — Upon the entry of the default of a defendant being made, judgment may be thereupon rendered in favor of the plaintiff for the amount demanded in his complaint.</p>

<p>Appeal from tlie District Court of Guayama.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Mayaguez.</p> <p>The facts are stated in the opinion.</p>

<p>Application for the Writ of Habeas Corpus.</p> <p>The facts are stated in the opinion.</p>

<p>Certiorari — -Appeal—Writ op Error. — The writ of certiorari cannot serve the purpose of a writ of error or an appeal.</p> <p>Appeal — Demurrer.—An order overruling a demurrer is not appealable but is deemed to have been excepted to by operation of law and is available as an exception on an appeal taken from the final judgment.</p> <p>Public Oppicials — Municipal Oppicials — Quo Warranto. — Municipal officials are public employes or officials, and quo warranto proceedings may be brought against them.</p> <p>■Citation — Appearance op Dependant. — The voluntary appearance of a defendant is equivalent to personal service of notice.</p>

<p>Retroactive Effect of Law. — In the absence of an express provision to the contrary, laws are not retroactive.</p> <p>Attorneys’ Fees — Prfceedhstg for Recovery Thereof. — Lawyers’ fees as well as expenses and costs incurred in an action prior to the date upon which the present Code of Civil Procedure went into effect, are subject to the provisions of the old Law of- Procedure and must be governed thereby.</p>

<p>Appeal from the District Court of Ponce.</p> <p>The facts are stated in the opinion.</p>

This is a declaratory action of greater import brought in the former District Court of Arecibo, by Pedro Hernandez, on behalf of his minor daughter, Eladia Hernández Bracero, and the latter in turn on behalf of her son José, a minor, as plaintiff, against Luis Forteza y Prieto, as defendant, to compel him to acknowledge and support his natural child, José Hernandez, and which case is pending before ns by virtue of an appeal taken by counsel for the plaintiff from a decision…

<p>Perjury — Essential or Important Fact — Information.—In order that the crime of perjury may be deemed to have been committed, it is not sufficient to charge that the accused made a false statement under oath of a fact, but it is necessary that it appear from the information that the fact sworn to as true is an essential or material fact, and a mere allegation to the effect that such fact is essential or important is not sufficient.</p>

<p>Application for a Writ of Habeas Corpus.</p> <p>Tlie facts are stated in the opinion.</p>

<p>Appeal — Bill op Exceptions — Statement op Facts — Manifest Errors. — Where there is no bill of exceptions or statement of facts, and where it does not appear from the record that any error has been committed which would justify the reversal of the judgment appealed from, the same must be affirmed.</p>

<p>Actions in Default — Dissolutions of Attachment upon Property. — A litigant in default who prays for the dissolution of an attachment on his property must allege and duly show that he was prevented, by insuperable force majeure, from appearing at the trial.</p> <p>Id. — Carelessness of Attorney — Insuperable Force Majeure.- — Neither the failure of a lawyer, through forgetfulness to make his answer to a complaint include other defendants, nor the distance which such defendants may be from the place in which the notices were published, can be considered as insuperable force majeure for the purposes of the foregoing doctrine, especially where it is shown that notwithstanding such circumstances the defendants could have answered the complaint in due time; and therefore failure to do so was due to other reasons within their power to overcome.</p>

<p>ApplicatioN for a Writ-of Certiorari.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal — Evidence—Statement oe the Case — Bill oe Exceptions. — Where there is no bill of exceptions or statement of facts in the record, the Supreme Court cannot consider on appeal allegations to the effect that the judgment is contrary to the evidence, or that the punishment imposed is excessive, and it will presume that the trial court correctly weighed the evidence and duly exercised its discretion in imposing the punishment upon the accused.</p>

<p>Appeal from tbe District Court of Guayama.</p> <p>The facts are stated in tbe opinion.</p>

<p>Appeal from tlie District Court of Guayama.</p> <p>Tlie facts are stated in tlie opinion.</p>

<p>Information — Powers of ti-ie Secretary of the Supreme Court. — Tlie secretary of tlie Supreme Court is empowered to administer oaths, and an information sworn to before him by the fiscal and subsequently filed in the district court, is not on that account defective.</p> <p>Appeal — Evidence — Bill of Exceptions — Statement of Facts — Material Errors. — Where there is no bill of exceptions or statement of facts, and it does not appear from the record that a material error was committed, the .■judgment appealed from will be affirmed.</p>

<p>Evidence — Contracts—Validity and Efficacy Thereof. — A contract of purchase and sale which appears to have been executed with all the formalities required by law, cannot be classified as fictitious nor can it be pronounced null and void unless such disposition was sought during the trial.</p> <p>Id. — Private Document — Public Document. — A private document acknowledged in court, has the same force and value as a public one, and it may modify or change the provisions of a contract set out in a public instrument, in so far as the parties signing the same are concerned.</p> <p>Id. — Contract of Loan. — Where a public contract, of purchase and sale of a particular tract of land has been executed, the purchaser later executing a private document in which it is made to appear that the contract of sale shall exist in his favor only until the vendor should pay him a certain sum of money which he had loaned to be used for the improvement of the property, does not change the nature of the first contract and convert it into a contract of loan secured by the property itself, nor does it contain the necessary elements to constitute a sale with a redemption clause.</p> <p>Id. — Contracts Subject to Compliance op One Condition. — Upon the execution of the contract of purchase and sale acknowledging in favor of a vendor the right to recover the property sold by complying with a particular condition, so long as this condition is not complied with, the vendor will be without a cause of action to compel the purchaser to, comply with such obligation.</p>

<p>Appeal from a decision of tlie Registrar of Property of San Jnan.</p> <p>Tlie facts are stated in tlie opinion.</p>

<p>Appeal from tlie District Court of Arecibo.</p> <p>Tlie facts are stated in tlie opinion.</p>

<p>Appeal from the District Court of Arecibo.</p> <p>The facts are stated in the.opinion.</p>

<p>Appeal — Decision on a Contested Motion — Bill op Exceptions. — A decision on a contested motion is deemed to have been excepted to by operation of law provided such decision and the papers upon which it is made are made a part of the record.</p> <p>Appeal — Special Order. — An order declaring a deposit to have been properly made and directing that the obligation to which the litigated credit refers be cancelled and which credit has been assigned after. judgment in favor of the creditor, is a special order issued after a final judgment and is therefore appealable according to subdivision 3 of section 295 of the Code of Civil Procedure.</p> <p>Transfer op Credits — Bights op ti-ie Debtor. — When a litigated credit is sold, the debtor shall have the right to extinguish the same by reimbursing the assignee for the amount the latter paid for it, the judicial costs incurred by him, and the interest on the amount paid from the day on which the same was paid.</p> <p>Id. — Deposit—Cancellation op the Obligation. — In the ease of the assignment of a thing in action, the suit of the assignee is undertsood to be without , prejudice to the rights of third persons and until the rights of the latter are settled, the action of the assignee will be deemed to be suspended until he is declared subrogated to the rights of the assignor and from this time the rights of the assignor accrue and therefore, a tender of payment, and the deposit of the amount of the debt, made by the debtor within nine days after the assignee has been declared subrogated to the rights of the assignor, is valid and effective in accordance with section 1438 of the Civil Code and the obligation will be cancelled.</p> <p>Id. — The mere entering of an appearance by the assignee in the action, in those cases in which a third party contests the claims of the debtor, is not sufficient to deem the action of the assignee as having accrued, because the rights of the assignee are subject to the judicial decision and this might be adverse to him.</p>

<p>Appeal — Costs.—The Supreme Court is empowered to adjudge either of the parties ou appeal to pay the costs of both proceedings.</p> <p>Id. — -Where the Supreme Court, in adjudging the parties to pay the costs, uses only the word “costs” without mentioning the court in which the same have been incurred, it will be understood that it refers only to the costs on appeal.</p>

<p>Appeal — Bill oe Exceptions — Statement op Eacts — Material Errors. — Where there is no bill of exceptions or statement of facts, and where it does not appear from the record that any material error has been committed which would warrant the reversal of the judgment appealed from, the same must be confirmed.</p>

<p>Appeal from the District Court of Mayagiiez.</p> <p>Tlie facts are stated in the opinion.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Fraudulent Contracts. — Although the contracts entered into under the circumstances and on the conditions enumerated in paragraph 2 of section 1264 of the Civil Code are presumed fraudulent, that presumption is not conclusive.</p> <p>Id. — Action foe Rescission. — The action for the rescission of a transfer or a contract is a subsidiary one according to the provisions of section 1261 of the Civil Code.</p> <p>Id. — Fraud of Creditors. — So that an action may lie on a contract in fraud of creditors, it is necessary that the creditors be unable to recover their debts in any other action.</p> <p>Appeal — Evidence—Bill of Exceptions — Statement of Facts. — So that the Supreme Court may be able to decide whether or not certain facts were established on the trial, it is necessary that it consider the evidence, and the evidence must be brought before it in a bill of exceptions, a statement of the ease, or a statement of facts.</p> <p>Judgments. — Judgments rendered by lower courts are presumed to be correct until the contrary is properly established.</p>

<p>Appealable Orders. — An order directing that- certain parties be cited' to appear before the court is not appealable according to section 295 of the Code of Civil Procedure, although an exception may be taken thereto and it will be reviewed on the appeal taken from the final judgment.</p>

<p>Appeal from the District Court of Aguadilla.</p>

<p>Appeal from tlie District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Onerous Contract — Consideration.—In onerous contracts the consideration of each contracting party is understood to mean the prestation or promise of a service or thing made by the other party.</p> <p>Id. — In the contract herein the defendant bound himself to redeem a censo which encumbered his property and which was in favor of the plaintiff; subsequently the plaintiff learned that the record of the censo had not been transferred to the modern books of the registry and that its transfer had been denied, and in answer to the complaint filed for the purpose of recovering the amount of the censo, he alleged that the contract was null and void because ir. lacked consideration inasmuch as this censo did not exist and his porperty appeared from the registry to be free from encumbrance. Seld, That the existence of the censo is one thing and its transfer to the modern books another; that the existence of the censo was proven, and that it must be acknowledged that there was in the contract a consideration which was real, legal and effectual.</p> <p>Id. — -Where the consideration is not expressed in a contract, it wall be presumed that it exists and that it is legal in the absence of proof to the contrary.</p> <p>Appeal — Evidence—-Bill oe Exceptions — Statement op Facts. — In order that the Supreme Court may consider on appeal the evidence taken at the trial, it is necessary that the same be set forth in a bill of exceptions or a statement of facts.</p>

<p>Information — Demurrer.—It is not error for a court to refuse to consider a demurrer to an information filed- by the defendant at the beginning of the trial, because his rights are not prejudiced, inasmuch as under a plea of not guilty he may attaek any substantial defect contained in the information, either during the trial or after verdict, by a motion in arrest of judgment.</p> <p>Id. — Defect of Dorm. — Failure to allege in an information before what official the witnesses, whose testimony served as a basis of such information were sworn, does not .constitute a fundamental defect, but merely a defect of form.</p> <p>Id. — Date cp Commission op Crime — Statute op Limitations. — It is not necessary to set forth in the iniormation the date upon which the crime was committed, it being sufficient to allege that it was committed upon a date prior to the filing of the information and within the statute of limitations.</p> <p>Id. — Embezzlement.—Where the crime of embezzlement consists in the appropriation of a horse, mare, gelding, cow, steer, bull, ealf, mule, jack or jenny, it is not necessary to state the value of such animal in the information, inasmuch as the crime is a felony.</p> <p>Id. — The crime of embezzlement consists in the fraudulent appropriation of property, and, therefore, an information must state elearly what property was appropriated, and where it is a sum of money it must be so alleged, and the amount thereof must be stated, in order that the defendant may know whether he is charged with a felony or a misdemeanor.</p> <p>Id. — The fact that the word “felony” is used in an information after charging the accused with the crime of embezzlement, is not sufficient to inform the defendant that he is charged with the crime of having appropriated a sum of money in excess of $50.</p>

<p>Appeal — Eviden«e—Statement op Pacts — Bill of Exceptions. — The Supreme Court will not consider the insufficiency of the evidence introduced at the trial, unless it is submitted in the form of a bill of exceptions or statement of facts, and the stenographer’s notes will not be accepted in lieu of these documents.</p> <p>.Id. — Where there are different elements which taken together have helped the trial judge to arrive at a conclusion in regard to the facts argued on the trial, the appellate court cannot consider some of these elements and exclude others, but must also consider them all together.</p> <p>Unlawful Detainee — Payment of Taxes. — T^e payment of the taxes imposed upon certain properties by one in actual possession thereof cannot be considered as rental or payment to the owner of the properties.</p> <p>Id. — Previous Notice. — The previous notice which the former law of Civil Procedure required in the cases of unlawful detainer is a formality not required by the law of March 9, 1905, concerning the procedure in actions of unlawful detainer.</p>

<p>Sentences in Criminal Cases — Authority of the Courts to Suspend or Leave Them Without Effect — Lack of Jurisdiction. — A court lias no authority to suspend the execution of its sentence in a criminal case or to leave it without effect, but if it does so and permits the prisoner to remain at liberty or to go out of its custody, it loses its jurisdiction over him and it lacks the power to sentence him again or to .declare in force the sentence which it had previously revoked.</p>

<p>Possession as Owner. — Until the contrary is proved it is presumed that one having possession as owner has a valid and legal title.</p> <p>Id. — Lessor—Lessee.—A lessee who may have contracted with the lessor as owner cannot afterwards deny the lessor’s title.</p> <p>Id. — "Record of Possession — -Prescription.—The recording of the possession does not prejudice one with a better right, even if the title of the latter has not been recorded, unless the recorded title has been confirmed by prescription.</p> <p>Id. — Title.—The right of one in possession should be respected, and one who-attacks it must show a better title than that of the possessor.</p> <p>Id. — Possession of the Predecessor in Interest.- — In counting the time of prescription the present possessor may add to the time in which he has been in possession, the time during which his predecessors in interest were in possession.</p> <p>Id. — Ownership—Rights to Real Property. — The ownership and other rights in real property prescribe after ten years as to persons present and after twenty years as to persons absent, if the possession has been in possession in good faith and under color or title.</p> <p>Ip. — Prescription Not Based on Just Title — Legal Owner — Third Party.— The principle that a prescription not based on a just title shall not prejudice third persons, unless a possessory title is recorded and then only from the date of recording, does not appdy to the legitimate owner of real property or of real porperty rights or to his successors in interest, because with respect to them the title shall be determined and computed in accordance with the-ordinary legislation and section 1850 of the Civil Code, which speaks of third .persons in accordance with the definition of the Mortgage Law, is not in conflict with this doctrine.</p> <p>Id. — Prescription.—When a person is in possession by virtue of a right acquired in good faith from those who apparently had good titles, he is not prevented from acquiring the absolute title by reason of the prohibition contained in section 35 of the Mortgage Law.</p> <p>Appeal — Evidence—Bill of Exceptions — Statement of Facts. — So that the Supreme Court may consider the evidence submitted at the trial, it is necessary that it come before it in a bill of exceptions or in a statement of facts.</p>

<p>Appeal — Evidence—Bill op Exceptions — Statement op Facts.- — The Supreme Court cannot consider the evidence introduced at the trial unless it is submitted on appeal in the form of a bill of exceptions or statement of facts.</p> <p>Libel — Damages.—In an action for libel the plaintiff must specify clearly the damages suffered by him by reason of the alleged defamatory publication.</p>

<p>Appeal from a Decision of the District Court of Aguadilla.</p>

<p>Appeal from the District Court of Humaeao.</p> <p>The facts are stated in the opinion.</p>

<p>Becobd — Title.—The omission to state in a deed the place for the service of all notices, citations and the other judicial and extrajudicial process -which the contract embodied in said deed may require, is not a defect whieh will invalidate the deed, nor prevent its recordation.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Procedure — Abandonment of Case — Cancellation.—When a case has been-abandoned for more than four years the court will be justified in directing the cancellation of the notiee of complaint made in the registry, and in adopting any other measures necessary to protect the rights of the defendant.</p>

<p>Appeal — Evidence—Bill of Exceptions — Statement of Pacts. — So that the Supreme Court may be able to consider the evidence introduced at the trial, it is necessary that it be set forth on appeal either in a bill of exceptions or statement of facts.</p> <p>Indemnity in Case op Eviction. — In complaints for indemnity in cases of conviction, it should be shown that the vendee had been adjudged by a final judgment, rendered by a competent court, to lose the thing acquired, and that the vendor has been notified in the manner set forth in sections 1384 and 1385 of the Civil Code, and if it is wanting in any of these essentials, the complaint lacks the facts necessary to constitute a cause of action.</p>

<p>Appeal from a decision of tlie District Court of Ban Juan,</p> <p>The facts are stated in tlie opinion.</p>

<p>Judgment — Consistency in Petitions oe Complaint — Executors.—Where a judgment orders that a defendant, as testamentary executor of a third party, proceed to obtain the judicial settlement of the property left by the testator and continue the proceedings to a final settlement of the testamentary dispositions, it is in accord with a complaint wherein it is petitioned that the defendant be adjudged to carry out the testamentary provisions, render an accounting, and deliver to the heirs their proper shares in such property.</p> <p>Id. — Delivery oe Share Inherited. — The rendition of accounts and delivery of the shares inherited are acts which are subordinate to the division and adjudication of the property inherited, and consequently a judgment which extends the time within which an accounting and the delivery of the shares inherited shall be made, prayed for in the complaint, until such time as the testamentary proceedings shall have been terminated, is not on that account inconsistent with the petitions of the complaint.</p> <p>Id. — Testamentary Executors — Judicial Settlement oe the Property oe the Deceased — Partition oe Property. — The law imposes upon executors the duty of proceeding to obtain the judicial settlement of the property of the testator by obtaining the appointment of persons to carry out the partition or division of the property inherited, and a judgment directing an executor to proceed to a final settlement of the estate does not impose upon the executor the obligation of making the partition and division himself, but the obligation of performing only those acts which,by law he is bound to perform, one of which is that of applying for the appointment of a commissioner of partition and division.</p> <p>Id. — Minor Heirs. — Judicial settlement of the property of a deceased person is necessary in cases where the heirs are minors.</p> <p>Appeal — Evidence—Bill oe Exceptions — Statement oe Eacts. — Where a bill of exceptions or statement of facts is not filed on appeal, the decision of the lower court on the facts in the case will be presumed to be correct.</p>

<p>Appeal from a Decision of the Registrar of Property of Aguadilla.</p> <p>The facts are stated in the opinion.</p>

<p>Mortgage Foreclosure — Public Sale of Mortgaged Property.- — The Act of March 9, 1905, relating to judgments and the manner of satisfying them, clearly provides for the procedure to be followed in holding public sales, and repeals the provisions of the Regulations for the execution of the Mortgage Law upon this subject.</p> <p>Id. — Compulsory Proceedings. — The special procedure for the recovery of mortgage credits is in force in so far as the first portion thereof is concerned; that is to say, up to and including the provisions as to the requirement of the debtor to pay the debt, but that portion which might be called ‘ ‘ compulsory proceedings,” that is to say, the portion relating to and providing for the sale of the encumbered property, has been repealed and substituted by the Act of March 9, 1905, relating to judgments and the manner of satisfying them.</p> <p>Id. — Stay of Proceedings. — The summary proceedings provided for by the Mortgage Law cannot be stayed except in the cases expressly provided by article 175 of the Regulation for the execution of the said law.</p> <p>Id. — Appeal.—An order of a lower court denying a motion filed by the execution creditor praying for an accounting, and other matters, in a proceeding to-foreclose a mortgage, is not appealable to the Supreme Court.</p>

<p>Suppout — WHEN Obligation Ceases. — The obligation to support ceases upon the death of the person obligated, even where such support is provided in compliance with a final judgment.</p> <p>Id. — Obligation Imposed by Testamentary Disposition or by Agreement.— The foregoing doctrine is applicable, even in cases where the right to support arises from a testamentary disposition or an agreement, except where there has been a testamentary disposition or express agreement to the contrary.</p> <p>Judgments — Nullity.—Persons not interested in the pronouncements of an agreement are without a right of action to demand that the same be annulled.</p>

<p>Appeal — Evidence—Bill op Exceptions — Statement op Eacts. — The Supreme Court may consider the evidence on appeal whatever the nature of such evidence; that is to say, whether it is the testimony of witnesses or documentary evidence; but it is necessary that the same be set forth in a bill of exceptions, a statement of facts, or a statement of the case, approved with the formalities required by law.</p>

<p>Quo Warranto — Interested Parties. — In quo warranto proceedings, the object of which is to recover an office, the petitioner is the real party in interest; but where the suit is in regard to the usurpation of a franchise by a corporation, The People of Porto Rico is the proper party and must be represented by the Attorney General or one of the district fiscals.</p> <p>Appeal — Action.—Quo warranto proceedings are considered as civil actions and an appeal may be taken from a judgment rendered therein, the same as in any other civil action.</p> <p>Id. — Intervention op Attorney General. — In quo warranto proceedings, where the Attorney General has signed the application or where the court has authorized the institution of the proceeding either at the instance of the Attorney General or of any of the district fiscals, the petitioner may continue the proceeding through his own attorney until final decision; and when the Attorney General has once signed the application it is unnecessary for him to sign any other document or to intervene in any other proceeding relative to the case, although he has a right to do so.</p> <p>Mandamus — Acts of a Ministerial or Executive Character. — The writ of mandamus will not issue to compel the performance of acts which are within the discretionary power of the official, but only to the performance of ministerial acts.</p> <p>Id. — Quo Warranto.' — The writ of mandamus will not issue to compel the Attorney General to file an application to institute quo loarranlo proceedings.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Mayagfiez.</p> <p>The facts are stated in the opinion.</p>

<p>Ganancial Property — Obligations op Conjugal Partnership. — -The debts and obligations contracted by the husband during the existence of the marriage will be a charge upon the property of the conjugal partnership, by- -which must be understood that all of the properties of the conjugal partnership, whether real or personal, will be subject to the debts and obligations above mentioned without in any case excluding the interest which the wife may have in real property.</p> <p>Id. — The provisions of section 1323 of the Civil Code can not be considered as limited by the provisions of section 1328 of the same Code, nor can it be considered that there is any contradiction or conflict between them, it being possible to harmonize them perfectly.</p> <p>Id. — Liquidation op the Property op Conjugal Partnership. — In liquidating the property of the conjugal partnership all the debts and obligations of the partnership must be satisfied with the entire capital of such partnership without any distinction whatever, and the balance remaining must be divided equally between the husband and the wife or their respective heirs.</p> <p>Powers op Husband. — The husband is the administrator or manager of the property belonging to the conjugal partnership and he is empowered to contract obligations, and the property of the partnership is liable for the payment thereof.</p> <p>Consent op Wipe — Encumbrance Upon Real Property Belonging to the Partnership. — The legal provisions requiring the express consent of the wife in order that the husband may encumber the real property of the conjugal partnership must not be construed so as to exempt such property' from liability for the debts and obligations contracted by the husband, since this would be equivalent to requiring the consent of the wife to all the acts performed by the husband in the management or administration of the property leaving him virtually powerless as administrator or manager of the partnership.</p> <p>Id. — Fraudulent Obligation. — Where it is proved that the husband has attempted to make use of the power conferred upon him with respect to the property of the conjugal partnership for the purpose of prejudicing or exposing to ridicule the rights ot his wife, the court must intervene and prevent the perpetration of such fraud and annul every obligated contract by the husband in fraud of the rights of the wife, as also any other fraudulent contract or transfer.</p> <p>Construction oe Laws. — It is a well established rule of construction that when of such fraud and annul every obligated contract by the husband in fraud of the rights of the wife, as also any other fraudulent contract or transfer.</p> <p>Id. — In the construction of a law the intention of the legislator must always be borne in mind and such intention must not be annulled by a strict adherence to the words used, nor should a construction be placed thereon which would lead to absurd conclusions.</p>

<p>Appeal — Bill op Exceptions — Statement op Pacts — Fundamental Errors,— Where no bill of exceptions or statement of facts is presented the appellate court can only consider sueh fundamental errors as appear from the documents constituting the record in the case.</p> <p>Statutes — Discrepancy Between English and Spanish Versions. — Where discrepancies exist between the English and Spainsh versions of a law the English must be considered as the original, because it is the copy signed by the Governor, and the Spanish text should therefore be subordinate to the English.</p> <p>Id. — Attack With Intent to Commit Homicide. — In this case the defendant was pronounced guilty of an assault with intent to commit manslaughter and sentenced to five years in the penitentiary at hard labor in accordance with section 223 of the Spanish vers;on of the Penal Code. Held: That the punishment imposed upon the accused was greater than that authorized by the law, because in accordance with the same section of the English version of said Code the maximum punishment for said crime was one year in the penitentiary and a $500 fine; the judgment was reversed and a new trial ordered. The fiscal thereupon moved for a reconsideration of the judgment, attaching to his motion a certificate of the Secretary of Porto Bieo showing that section 223 of the original English version of the Penal Code on file in his office was drafted in the same form as it appeared in the printed copy of the Spanish version, and this being the case the judgment of the court below was correct; the Supreme Court accordingly vacated its judgment directing a new trial and affirmed the judgment appealed from.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from the District Court of Mayagüez.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>Bill op Exceptions — Time Within Which to Submit the Same poe Approval.— The trial court lias the power to extend the term of ten days granted by law within which bills of exceptions shall be filed, but in order to do this it- is necessary that the application be made in time; that is to say, before the expiration of said term, and that good cause be shown therefor.</p>

<p>Appeal — Instructions op the Court — Stenographer's Notes. — Where the in-struetions of the trial court have not been submitted to the consideration of the appellate court in an authentic manner, the latter ivill not consider the errors alleged to have been committed therein, it not being sufficient that such instructions have been set out in the stenographer’s notes, because such a document forms no part of the record on appeal.</p> <p>Id. — Evidence—Bill op Exceptions — Statement op Facts. — Matters relative to the admission or exclusion of evidence will not be considered on appeal, unless the exceptions have been set out in a bill of exceptions.</p> <p>Verdict op the Jury — Degree op Grime. — Where it is necessary to make a distinction between different degrees of crime, as in the crime of murder, the jury must necessarily state the degree of the crime of which the defendant is found guilty.</p> <p>Id. — In this ease an information was filed charging murder in the first degree, and the jury found the following verdict: Guilty of the crime of which he is accused: Held, That this verdict was null and void because it did not specify the degree of the crime and eould not serve as a basis for a judgment sentencing the defendant to suffer the penalty of death.</p> <p>Appeal — Fundamental Errors. — Tlie Supreme Court may consider on appeal any fundamental errors appearing in tlie record, even where no objection lias been made thereto and render its judgment in accordance with law.</p>

<p>Action — Demurrer—Lack op Capacity to Sue — No Cause op Action. — The fact that the plaintiff is in possession and enjoys the ownership of the property which it is sought to recover cannot he alleged by way of demurrer based on the ground that the plaintiff is without legal capacity to sue, because the right which a litigant may have or claim to have is a matter which has no relation to his capacity to sue, and that exception may be considered as being comprised in subdivision 6 of section 105 of the Code of Civil Procedure.</p> <p>Id. — In the complaint filed in this case it was alleged that the plaintiff possessed a rural property belonging to him and divided into lots, and that upon said rural property the defendant company had run a line for the railroad between Aguadilla and Isabela throwing up a roadbed within a space measuring in width all the way from ten to forty odd meters, and appropriated materials from the said lands. The complaint was demurred to on the ground that it did not state facts sufficient to constitute a cause of action, and the Supreme Court held that the facts stated undoubtedly constituted a cause of action for the recovery of that part of the land of which the plaintiff was dispossessed, and indemnity for damages and losses suffered by reason thereof, and that the said facts are not stated in an unintelligible or uncertain manner."</p> <p>Appeal — Evidence—Bill op Exceptions — Statement op Pacts. — In order that the Supreme Court may consider on appeal the evidence taken at the trial, it is necessary that the same be set forth in a bill of exceptions or in a statement of facts, as, on the contrary, it will be presumed that the court below has properly weighed the evidence.</p>

<p>Proceeding to Establish Ownership — Service of Summons Upon Governor of Porto Rico. — Proceedings to establish ownerhsip are not suits against The People of Porto Rico in such a sense as to make it necessary to summon the-Governor of Porto Rico in compliance with the provisions of section 93 of the Code of Civil Procedure.</p> <p>Id. — Nature of Proceeding. — Proceedings to establish ownership are special proceedings provided for by the Mortgage Law to afford property owners without recorded titles of ownership the means of obtaining such records of their rights, by showing 'in a proceeding to be held with the attendance of the ’fiscal and after service of summons upon the former owners of the real properly, upon any person having a right therein, and upon all persons who might be prejudiced by the record .sought.</p> <p>Effects of Judgments Rendered in Proceedings to Establish Ownership— Rights of The People of Porto Rico. — Where the fiscal believes or has knowledge of the fact that by means of a proceeding to establish ownership it is sought to record in favor of the petitioner real property which belongs to The People of Porto Rico, he has sixty days within which to oppose the same, and even after the ownership of property has been declared in the petitioner and the same has been recorded in his favor, inasmuch as judgments rendered, in this class of proceeding do not constitute res adjudícala, The People of Porto Rico, like any other interested parly, may bring an ordinary action to set aside the declaration of ownership so established, and to have the record made in favor of the plaintiff, with such pronouncements as may be proper in the premises.</p> <p>Id. — Object oe Intervention of Fiscal. — The object of intervention by the fiscal in proceedings to establish ownership is not only to see that the law is complied with in all respects, but also to afford him an opportunity to defend the interests of The People of Porto Rico in any ease where he believes that the same may suffer by reason of the acts of petitioners in proceedings to establish ownership.</p>

<p>Appeal from the District Court of Aguadilla.</p>

<p>Appeal from the District Court of Aguadilla.</p>

<p>Appeal — Evidence—Bill of Exceptions — Statement of Facts. — In order that the Supreme Court, may consider on appeal the evidence taken at the trial, it is necessary that the same he set forth in a hill of exceptions or statement of facts properly approved.</p> <p>Id. — Stenographer’s Notes — Minutes of the Court. — Even though the stenographer’s notes constitute prima, facie the minutes of the court, the minutes on appeal must contain only a brief statement or memorandum of the facts as they occurred during the trial, and they have never been considered to include the verbatim testimony of witnesses, and they cannot therefore be considered as a bill of exceptions or statement of facts.</p> <p>Id. — Instructions of the Court. — In order that the stenographer’s notes of the instructions of the court to the jury may form part of the record so that the errors committed therein may be advanced on apqjeal in the same way as if they had been included in a bill of exceptions, it would be necessary that they should bear the endorsement setting forth the decision of the court in regard to the questions raised with respect to such instructions.</p> <p>Id. — Where a defendant has not requested the court to instruct the jury upon certain points which he may deem essential, he cannot subsequently allege that the court erred in not instructing the jury upon such points.</p> <p>Id. — The fact that a judge recommends to the jury that the form of their verdict be the same as those used in verdicts found in other cases submitted to the decision of the same jury, they cannot be considered as injurious to the rights of the accused, nor can it be said that such a recommendation tended to curtail the independence of the jury.</p> <p>Verdict of the Jury. — The fact that the jury in its verdict recommends clemency for the accused is not sufficient to warrant the assumption that the jury believed that the extreme penalty should not be imposed, because in such a ease the jury must find the accused guilty, with extenuating circumstances; and it is only in such a case that the judge may reduce the punishment to life imprisonment.</p> <p>Construction of Statutes. — It is a well-settled principle of jurisprudence that where a State adopts a statute in force in another State, the construction placed upon its provisions by the courts of the State from which the statute was adopted is worthy of great consideration by the courts of the State adopting such statute in construing the provisions of the same, it being presumed that the legislature was cognizant of such construction when it adopted the statute. ••</p>

<p>Appeal — Notice op Appeal Eiled After Expiration of Statutory Term.— Laws fixing the term within which an appeal may be taken must be strictly construed, and the court cannot make any exception whatever or accept any excuse for failure to comply with the provisions thereof; and where an appeal is not takon within the term prescribed by statute, the court has no jurisdiction and the appeal is null 'in all respects and must be dismissed on motion of respondent or by the appellate court on its -own motion.</p> <p>In. — The fact that in a notice of appeal reference is made to another notice of appeal which is said to have been previously filed, is not sufficient to warrant the assumption that such an appeal has been theretofore taken, inasmuch as the notice of the appeal must be included in the transcript of the record.</p>

<p>Service op Summons — Appearance op Party. — The appearance of a party in court, for the sole object of attacking the validity of a summons served upon him, does not cure the defects which such summons may contain.</p> <p>Id.-^Manner op Serving Summons. — Service of summons upon a party whose residence is known must be made by leaving a copy at his residence, between the hours of 8 a. m. and 6 p. m., by delivery thereof to some person of suitable age and discretion, it being of no importance whatever that the person to be sued resides in the same town or a different town from the one in which the person bound to serve the summons resides.</p> <p>Id. — Summons of a party whose residence is unknown must bo served by forwarding the same by registered mail addressed to the interested party.</p> <p>Id. — Where summons is served by mail and a special delivery stamp is attached to the envelope and not by registered mail, such service will be null and void.</p> <p>Judicial Cognizance. — The court may take judicial notice of the difference between a letter forwarded by registered mail and one forwarded by a special delivery stamp.</p>

<p>Suit filed in the Supreme Court as a court of original jurisdiction.</p> <p>The facts are stated in the opinion.</p>

<p>Certiorari — Ordinary Remedy. — The writ of certiorari will issue only in case there is no ordinary remedy whereby the errors committed by the trial court may be corrected.</p> <p>Id. — Appeal.—A decision of a trial court on motion of the appellant declaring the respondent (plaintiff in the municipal court) to have abandoned the action set up in his complaint on the ground that the same was comprised in subdivision 3 of section 192 of tlie Code of Civil Procedure, where such judgment is rendered in a ease involving an amount in excess of $300, is appealable to the Supreme Court and the same will not be reviewed on certiorari.</p>

<p>ApplicatioN for a Writ of Certiorari.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from tlie District Court of Mayagüez.</p> <p>The facts are stated in the opinion.</p>

<p>Application for a Writ of Prohibition.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from a Decision of tlie District Court of San Juan.</p> <p>Tlie facts are stated in tlie opinion.</p>

<p>ApplicatioN for a Writ of Certiorari.</p>

<p>ApplicatioN for a Writ of Certiorari.</p> <p>Mr. Lopez Landrón for petitioner.</p>

<p>Application for the Writ of Certiorari.-</p>

<p>Application for the Writ of Certiorari.</p> <p>Mr. López Landrón for petitioner.</p>

<p>Appeal — Basis op the Appeal. — The allegation of the defendant that he was not present when sentence was pronounced must be substantiated by the record, otherwise it will be presumed that the proceedings in the lower court were had in accordance with law.</p> <p>Id. — Evidence—Bill oe'Exceptions — Statement oe Pacts. — So that the Supreme Court may consider the evidence submitted at the trial, it must be presented on appeal in the form of a bill of exceptions or a statement of facts.</p> <p>Conspiracy — Criminal Responsibility oe the Accused. — In a case against two persons for conspiracy, the erimindl responsibility of one should be the same as thav. of the other, as the guilt of one is incompatible with the innocence of the other. So that the crime may be committed, the concurrence of two or ' more persons is absolutely necessary.</p> <p>Id. — Elements oe the Crime. — The statute endeavors to punish the agreement . of two or more persons to commit an act criminal in itself or one which is expressly prohibited by the provisions in regard to conspiracy.</p> <p>Id. — If the agreement of the accused is to commit one of the crimes set out in section 63 of the Penal Code, it is not neeessary, so that the crime may exist, to allege or prove any other act on their part, but if reference is made to any of the acts expressed in paragraphs 2, 3, 4 and 5 of section 62 of the said Code, then, in addition to alleging and proving the agreement which they adopted, it is necessary to allege and prove the commission of some other act on the part of one or more of the aecused to earry out their agreement; that is to say, the mere agreement betw'een the parties to commit an act not a crime, does not of itself constitute a punishable offense.</p> <p>Id. — Oomplaint.—In the oomplaint it should he alleged that the agreement of the accused tended to the commission of a crime or to carry out one of the acts prohibited by the provisions of the law against conspiracy; if the act, the subject of the agreement, is not one of itself prohibited by the penal laws, the complaint should state, the nature of the alleged conspiracy and what were the acts which they or some of them committed to further their object.</p> <p>Id. — An agreement by two persons to set fire to a house belonging to one of them is not a crime unless the act is prejudicial to the public health, public morals, or tends to pervert or obstruct the due execution of the laws, and in such a case the act complained of should be clearly stated in the complaint so that the defendants may know what they are charged with.</p> <p>Id. — Arson.—To accuse a person of having set fire to the house of another is to accuse him of the crime of arson, but on a charge of conspiracy the accused cannot be found guilty of arson.</p> <p>Id. — In the complaint filed in this case the following words were used: “* * * they agreed and took steps to destroy by fire the house of Torrellas,” but these words do not indicate that the crime of arson was the ■ object of lire agreement.</p> <p>Complaints — Necessary Requisites. — Although generally in the drafting of a complaint all the requisites of an information are not necessary, nevertheless it is necessary to state in the former sufficient facts so that the accused may 1 e informed of the charges against them.</p>

<p>Appeal — Bill op Exceptions — Statement oj? Facts — Material Errors. — If the evidence is not presented to the Supreme Court in the form of a bill of exceptions or statement of facts and it does not appear that any material errors were committed by the trial court which would justify reversing the judgment appealed from, it will be affirmed.</p>

<p>Appeal — Judgments Rendered on Appeal From Municipal Courts. — Judgments rendered by district courts in appeals from municipal courts in those cases in which the value of the thing sought to be recovered or the amount for which judgment was rendered, without counting the products or interest, is not in excess of $300 in American money, are not appealable to the Supreme Court.</p> <p>Id. — Method oe Fixing Amount oe Judgments. — Inferior courts must adopt the practice of calculating the exchange in cases where it is necessary, and fix the amounts, for which their judgments are rendered, in American money, thus avoiding the errors into which the parties or officials of the court may fall in maxing such calculations.</p>

<p>Appeal from the District Court of San Juan.</p> <p>The facts are stated in the opinion.</p>

<p>ApplicatioN for a Writ of Certiorari.</p>

<p>Complaint — Requisites Thereof. — Although it is not necessary that a criminal complaint should be drawn with each and every one of the formalities which must be followed in drawing informations, however it is necessary that it state the essential facts in order that the accused may know what offense he is charged with in order that he may prepare his defense.</p> <p>Id. — Prohibited Games. — In a criminal complaint charging the playing of prohibited games,-it is absolutely necessary to state with all the details possible the nature of the crime and the circumstances surrounding the offense thereof, specifying what game the defendants were playing; and it is not sufficient for the purposes of the law to state that players of a prohibited game were surprised, because this language does not charge any crime whatever.</p>

<p>Appeal from the District Court of Aguadilla.</p> <p>The facts are stated in the opinion.</p>