Volume 14 — Puerto Rico Reports

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

<p>Appeal — Transcript op Record.- — Where the transcript of the record filed on appeal does not contain a copy of the judgment appealed from or of the notice of appeal duly authenticated, the appeal will be dismissed.</p>

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

<p>Appeal from District Court of San Juan.</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>Evidence — Rules eob Introduction Thereof — Discretion of the Court. — The court h¿s the discretionary power .to permit inquiry into a collateral fact when such fact is directly connected^ with the question in dispute, and is necessary to its proper determination, or when it affects the credibility of a witness. The rules governing the introduction of evidence are applicable so long as the court does not direct some other method to be pursued.</p> <p>Id. — It is not necessary for either party, in order to introduce evidence, to set out in his pleadings, the complaint or the answer, the purport of the evidence which he proposes to introduce.</p> <p>Id. — Trial—Arguments of Counsel. — The conduct of a trial and the order in which evidence shall be admitted and arguments shall be made to the court by the respective parties is always to be governed under the general rules prescribed-for the conduct of business by the sound discretion of the court, and, unless the court is shown to have been arbitrary or to have abused his discretion, a ruling of this nature will not be revised by the appellate court.</p> <p>Id. — Credibility of Witnesses. — Although the testimony of one witness is sufficient to prove a fact provided that the judge trying the ease believes that the witness told the truth, and although the witness must be presumed to speak the truth, nevertheless the judge has the discretion to consider the manner in which he testifies, and the character of his testimony, and his reputation for truth, honesty and integrity, and his motives, and any evidence which may be contradictory of the statements made by him, the trial judge being in a better position to form judgment as to the credibility of a witness than the appellate court.</p> <p>Obligations — Principal—Agent.—In order that- an obligation contracted by an agent may be binding upon his principal, it is necessary that the existence thereof be alleged and proved as also the existence of the agency empowering the agent to contract the obligation.</p> <p>Id. — Damages and Losses Occasioned by Failure to Comply Therewith.— Evidence of the existence of-damages and-losses .in an action to recover, for failure to comply with an obligation, is essential in order that judgment may be rendered in favor of the plaintiff.</p> <p>Id. — Fraud.—The existence of a conspiracy with intent to defraud must be proved by incontestable facts or at least by a preponderance of the evidence and the existence thereof cannot be left to presumption, suspicion or guess work. ,</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 San Juan.</p> <p>The facts are stated in the opinion.</p>

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

<p>Conflicting Evidence — Appeal.—Where the evidence in a ease is conflicting or contradictory, the conclusions reached by the inferior court in its findings upon the evidence must be accepted by the appellate court in the absence of a clear showing that manifest error has been committed.</p>

<p>•Unlawful Detainer — Defendant’s Title. — An action of unlawful detainer is not the proper proceeding in which to make allegations which are more or less subject to controversy, and when an allegation is made as' a ground for the action that the defendant is a tenant at sufferance, and he, as a defense, alleges that he is in possession as the owner of the property, and produces proof of this fact at the trial, and it is shown that he is not a tenant at sufferance, the complaint must be dismissed but the question of the ownership of the' property, which must be determined in an ordinary action, is not in any wise prejudged thereby.</p> <p>Id. — Possession Under Title in Favor of One of the Defendants. — In this ease one of the defendants has shown that he possesses the property under color of title, and the other defendants appearing herein maintain that the lands upon which they live belong to the former. Held: That possession under title by one defendant favors the other defendants in respect to the plaintiff to invalidate the action which he brings.</p>

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

<p>Statement oe the Case. — Where amendments, to a statement of the case are pre- ' sented and accepted by the judge, a new'bill must then be drawn including therein the amendments so accepted, in order that the same may be complete m one document.</p> <p>Judgment — Misdemeanor.—In cases of misdemeanor it is not necessary that the defendant be present at the time judgment is pronounced against him.</p>

<p>Crime Against Public Justice — Complaint.—la a complaint charging violation of section 337 of the Penal Code, consisting in the fact that the defendant, upon being arrested, discharged firearms, resisted and refused to deliver his weapon, and disobeyed the police by addressing offensive remarks to them, they having to employ force to arrest him, it is not necessary to state that the police acted by virtue of a warrant or order of arrest issued by a competent judicial authority, because in such a case the officer acts in compliance with the duty imposed upon him by section 550 of the Penal Code.</p> <p>Jugdment — Misdemeanor.—In case of misdemeanor it is not necessary that the accused be present at the pronouncement of sentence.</p>

<p>Appeal from the District Court of San Juan. Section 1.</p> <p>The facts are stated in the opinion.</p>

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

<p>Mortgage — Mortgage Action — Prescription.—Article 134 of the Mortgage Law is not applicable to a mortgage action originating in' a mortgage constituted prior to the year 1880, the prescription of which must be governed by the former laws m force, notwithstanding the provisions of section 1939 of the Spanish Civil Code.</p> <p>Id. — Term of Prescription. — The term of prescription for a mortgage proceeding arising from a contract executed prior to the year 1880, when the Mortgage Law went into effect, is 30 years.</p> <p>Id. — Summary Proceeding — Net Sum. — Debt extinguished for the purposes of the institution of a summary proceeding for the recovery of a mortgage, the specification of a certain class of money in circulation at the time the contract was executed constitutes a specification of a net amount.</p> <p>Id. — Interest.—Where a mortgage is involved which was constituted prior to the promulgation .of the Mortgage Law, the provisions of that law with respect to interest are not applicable, but the provisions of the laws in force prior thereto must govern, and in accordance with which the mortgage secures the payment of the interest agreed upon, and not specified, and in the absence of any agreement as to interest, legal interest will be computed from the date the complaint is filed.</p> <p>Id. — Transfer of Entries to the Modern Books of the Registry — Third Party. — The transfer of the entries from the old to the modern books of the registry does not affect the rights of the parties as between themselves and such a transfer may be made after the time designated in article 397 of the Mortgage Law., provided the rights of third parties are not thereby impaired.</p>

<p>Attorneys in Fact — Privilege to Purchase. — The prohibition imposed on attorneys in fact by section 1362 of the Civil Code to acquire by purchase, although at public or judicial sale, either himself or through an intermediary, the properties with the administration and sale of which he is charged, has reference to attorneys in fact charged with such administration or conveyance at the time the sale is made, but not to persons who may have been charged with such duties at some other time.</p>

<p>Appeal — Demurrer.—An order of an inferior court' sustaining a demurrer is not appealable, it being necessary that the court render a judgment dismissing the complaint, and it ig from such a judgment that an appeal lies.</p>

<p>Fine — Subsidiary Imprisonment. — Sections 54 and 322 of the Code of Criminal' Procedure refer only to those cases in which a fine is imposed with or without costs, but not to those cases wherein the punishment is imprisonment and fine, because in such cases the accused cannot be imprisoned for failure to pay the fine.</p> <p>Statutory Construction. — It is a rule of construction universally recognized that when' the legislative assembly of any State has adopted a statute of another State, it is presumed to have adopted also the construction put upon, it by the Supreme Court of the State enacting the original statute.</p>

<p>Legacy — Sale and Encumbrance, Etc. — Prohibited.—In the will in the case at bar the testator made the following bequest to his minor children: “That the legatees shall not alienate, .barter, encumber or mortgage the property but may only enjoy the usufruct thereof for life, the ownership being preserved for their legitimate descendants, who may dispose of such property only after they become of age.” Seld: That such a prohibition by the testator is absolute and refers not only to the ownership, but also to the usufruct, and that the legatees could not assign the same to a third party.</p> <p>Record in Pavor oe the Grantor. — In order to record or enter notice of titles whereby the ownership or possession of real property or real rights are transferred or encumbered, it is necessary that the right of the grantor or of the person in whose name the conveyance or encumbrance is made shall have been previously recorded, as otherwise admission to record must be denied.</p>

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

<p>Judgment in Default — Affidavit of Merits. — In order that a default may be ' set aside in those cases provided for by section 140 of the Code of Civil Procedure, it is not necessary that tlie party filing the motion present and affidavit of merits, as the said section does not require it.</p>

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

<p>Corporations — Obligations Contracted Thereby — Liability of Directors— Allegations. — This action was based on section 62 of the Revised Civil Code and it was held that the complaint does not state a cause of action, because it does not appear therefrom that the corporation referred to was duly organized, or that it had commenced to do business or operate as a corporation, or that it had consummated any transactions or contracts as such; nor is it clearly shown that the directors contracted the debt for which claim is made, knowing that it exceeded the amount of the paid-in capital or the value of the properties and assets of the company, nor what was the amount of the capital or assets, nor that the board of directors had authorized the corpora-_ tion to contract such debt, nor that its directors, and especially its president, had knowledge of the illegal acts of the company; and that it is not shown that the creditor had exhausted his remedies against the corporation, which 'is a condition precedent to the successful prosecution of such an action.</p> <p>' Id. — The fact that the properties of a corporation are subject to an attachment is not sufficient to warrant the bringing of an action against the directors thereof, but a second attachment should be levied and judicial determination awaited as to the preference of creditors.</p>

<p>Allegations — Unlawful Detainee — Demurrer.—In an action of unlawful de-tainer, it is necessary that the plaintiff should show in what capacity the suit is brought, and whether the plaintiff is owner, usufructuary, or by virtue of what title or right he claims the enjoyment of the property. It should appear from the complaint that the plaintiff has a right to the possession of the property, as otherwise it will be deemed not to state a cause of action.</p> <p>Id. — Legal Capacity to Sue.' — It is not necessary to allege in the complaint that the plaintiff nas legal capacity to sue and, if from the complaint a lack of such capacity does not appear, such an objection must be raised by the answer.</p>

<p>Appeal — Decision Contrary to the Evidence. — The question whether or not a decision is supported by the evidence taken at the trial cannot be considered on appeal unless the appeal is taken within 15 days after the rendition of judgment.</p>

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

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

<p>Appeal — Contradictory Evidence — Findings op Inferior Court.' — The findings of the inferior court upon contradictory evidence must he accepted by the appellate court in the absence of a showing that the inferior court has committed manifest error.</p>

<p>Jurisdiction — Contempt.—Where a court is without jurisdiction to make an order, an order made thereby is null and void and a party refusing to obey the same is not in contempt and cannot be punished therefor'.</p> <p>Certiorari — Ordinary Bemedy. — The existence of an ordinary remedy is not sufficient to bar a certiorari, unless it is adequate to meet the necessities of the ease — that is to say, equally beneficial, speedy and sufficient to relieve the petitioner from the injurious effects of the order or decision assailed.</p> <p>Id. — Jurisdiction Exceeded. — The writ of certiorari will be granted when the court below has exceeded its jurisdiction in rendering the judgment or decision assailed, or to avoid a flagrant miscarriage of justice by reason of errors of procedure.</p> <p>Contract — Hiring of Services — Injunction.—It is a general rule, dedueible from the decisions of the courts of last resort, that a contract for perosnal services cannot be specifically enforced directly, by a decree of the court, nor indirectly, by an injunction restraining the employee fropi leaving the services of his employer, in the absence of a negative stipulation not to perform services for another during the period of employment.</p> <p>Id. — The Eights of Employer and Employe. — The rights of an employe to quit the service of his employer rests upon the same basis as the right of his employer to discharge him from further personal service. If the quitting in the one ease or the discharging in the other is a violation of a contract between the parties, the party injured by the breach of the contract has an action for damages.</p> <p>Id. — In the case at bar, an injunction was granted ordering the defendant to abstain from violating a contract for the hiring of services entered into with a certain theatrical company, which is the petitioner herein, and likewise to abstain from forming part, representing, or singing, and in general from rendering professional services in any other theatrical company in this Island. Held: That an injunction will not issue to restrain a defendant from, violating a contract of this character', and therefore that the writ of injunction was granted herein without jurisdiction and is null and void, as also the order punishing the defendant for contempt in refusing to obey said restraining order.</p>

<p>Appeai. — Tbanscript op Record. — Where the transcript of the record filed on appeal does not contain any one of the documents mentioned in section 299 in connection with section 233 of the Code of Civil Procedure, the appeal must be dismissed.</p> <p>Id. — Cases in Which Both Parties Appeal. — Where both parties take an appeal, neither one may base the -same on the facts contained in the transcript of the record filed by the other, in the absence of a stipulation to that effect.</p> <p>Id. — Decision Contrary to the Evidence. — The question whether or not a decision is warranted by the evidence taken at the trial cannot be considered on appeal unless the appeal shall have been taken -within 15 days after the rendition of judgment.</p> <p>Arbitrators — Cases in Which They Exceed the Limits op Their Jurisdiction. — Where certain matters are submitted to arbitration, and the order of the court leaves room for doubt as to the scope and effects thereof, it should be construed in the sense most favorable to the jurisdiction of the court rather than to that of the arbitrators, and if such arbitrators should aet upon certain points beyond the limits of their jurisdiction, it is not necessary to review the decision of the arbitrators by means of a new trial, but the same may be declared to be null and void in so far as those points are concerned, in the decision of which they have exceeded their jurisdiction, and accepted in so far as it conforms to the authority granted or conferred.</p> <p>Partnership — Determination op Propits. — It is a well-known principle in regard to partnership contracts, whether civil or mercantile, that the pirofits accruing to each of the partners cannot be determined by liquidation until the date ox the maturity thereof.</p> <p>Id. — Conjugal Partnership — Ganancial Property. — Where a divorce is decreed and the marriage dissolved, the conjugal partnership is terminated. Therefore, each spouse has a right to one-half of the net profits obtained during the existence of the marriage.</p> <p>Id. — Upon liquidating the conjugal partnership the profits accruing to the husband in any civil or mercantile partnership of which he is a member during the existence of the marriage must appear in the liquidation and may, therefore, be determined without awaiting the termination of the period of duration of such partnership.</p> <p>Id. — Under the foregoing doctrine a judgment requiring the husband to pay a certain amount as ganancial profits to his wife, from the profits accruing to him under a civil or mercantile partnership, is not an infraction of the provisions of section 1572 of the Civil Code in relation with' sections 139 and 174 of the Code of Commerce, because the judgment does not order that such an amount be withdrawn from the profits obtained by the husband rin such partnership, but that they be paid by him.</p>

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

<p>Information — Degree oe Crime. — Although it is strictly within the province of a jury to determine the degree of a crime, the fact that the degree thereof is stated in the information does not render the same substantially defective nor is it subject to objection on that ground.</p> <p>Trial — Impanelling of Jury. — In the case at bar the procedure followed was that hereinafter set forth: Twenty jurors were drawn or summoned, of which 10 only appeared; the court then ordered that other jurors be drawn and summoned to complete the panel; only 11 jurors competent to act were obtained and it was thereupon ordered that 20 more be drawn and summoned, the panel thereby having been completed; it was held that this is the pro-eeduré which should ordinarily be followed in impanelling a jury in this Island.</p> <p>Id. — The law does not give the accused a right to demand that a complete panel of 24 jurors should be available before proceeding to select therefrom the 12 jurors which shall try his case.</p> <p>Id. — "Where the ordinary panel is exhausted and a special panel is cited, a general objection thereto on the ground that all the persons whose names were drawn were not cited will not avail the defendant, and an objection of this character should be overruled.</p> <p>Id. — Objections to Members of a Jury and to the Procedure Followed in Securing a Panel. — All of the objections made to members of a jury or against tlie procedure followed by the court in the drawing thereof, and the citation or impanelling of a jury, must be made in the nature of challenges, either of the jurors individually or of the whole panel, in accordance with the provisions- of sections 230 and 231 of the Code of Criminal Procedure.</p> <p>Id.- — -Unless it appears from the record that the defendant had exhausted his peremptory challenges, he cannot on appeal attack the procedure followed in forming the jury, on the ground that the persons to whom objection had been made formed a part of the jury.</p> <p>Information — Sufficiency.—-An information is sufficient if the crime is therein charged in clear and distinct terms, and in ordinary concise language without repetition and in such terms that any person may understand what is intended.</p> <p>Id. — Where, from the information, it appears that it is based on the testimony of witnesses duly sworn, it is not necessary to state therein before what officer they weie so sworn.</p> <p>Id. — Objections.—Any objection which the defendant may wish to raise to the information must be made in accordance with the provisions of sections 152 and 154 of the Code of Criminal Procedure.</p> <p>Evidence — Statements Made by Persons in Peril of Death. — Statements made by a person immediately before his death are admissible in evidence against a defendant, if it is shown that such person was aware that he was in a critical condition and in eminent danger of death.</p> <p>Id. — Circumstances Surrounding the Commission of a Crime. — All the circumstances surrounding the commission of a crime are material and may be made the object of evidence; a trial court must exercise a wide discretion in the admission of evidence of this character, taking great care not to impair the rights of the accused.</p> <p>Id. — Examination of Witnesses. — Although the examination of witnesses should generally be left to counsel, nevertheless the court may interrogate them for the purpose of clearing up fundamental points, and to aid him in preparing his instructions.</p> <p>Id. — Confession of Accused. — The confession of his crime made by the accused to other persons is admissible in evidence against him when such a confession is freely and voluntarily made without coercion or influence of any kind brought to bear.</p> <p>Id. — Cases in Which the Accused Offers I-Iimself as a Witness. — Although no accused may he compelled to testify against himself, however, if he offers himself as a witness, he must submit to cross-examination by the prosecuting attorney and the trial court.</p>

<p>New Trial — Newly Discovered Evidence. — In a motion for a new trial based on the ground of newly discovered evidence, it is not sufficient for the accused to swear that he had exercised the necessary diligence to secure the evidence, and that he nad obtained knowledge of the newly discovered evidence after the trial, but it is necessary to state what diligence was exercised in order that thd court may determine whether or not he exercised the greatest reasonable diligence in this respect. Where such requirements are not complied with, the motion must be overruled.</p> <p>Id. — A motion for a new trial cannot be based upon evidence waived by the defendant at the trial nor can he be permitted thereby to again establish the facts alleged as a defense, and which were made use of as evidence at the trial.</p>

<p>Record of Title With a Date Prior to that Recorded. — Article 17 of the Mortgage Law is not applicable to the record of a mortgage constituted upon a property not recorded in the registry, and in respect to which the debtor instituted proceedings to obtain a recordable title of ownership, in compliance with an obligation contracted under the mortgage deed. Upon presentation of such a title in the registry and the ownership thereof being recorded in favor of the owner, such a deed must be recorded because, far from there being any conflict between the two titles, they are entirely harmonious, and one complements the other.</p>

<p>Classification of Title — Powers of Registrars. — The powers conferred on registrars of property by the provisions of article 18 of the Mortgage Law, to classify documents issued by judicial authority for the sole purpose of sustaining, denying or entering notice thereof in the registry, does not empower them to pass upon the grounds of judicial decisions, and, therefore, a registrar cannot refuse to record a declaration of ownership on the ground that the petitioner acquired the property therein involved under a written title.</p>

<p>Appeal from a decision of the Registrar ®f Property of Ponce.</p> <p>The facts are stated in the opinion.</p>

<p>Appeal from a decision of tfie Registrar of Property ofiPonce..</p> <p>The facts are stated in tfie opinion.</p>

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

<p>Appeal — Transcript op Record---Judicial Terms. — Where the transcript of a record on appeal is not filed within the period allowed by law, computed in accordance with the provisions of section 388 of the Political Code, the appeal must be dismissed.</p>

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

<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>The facts are stated in the opinion.</p>

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

<p>ApplicatioN for the Writ of Mandamus.</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>Unlawful DETAINER — Ownership OF Propertt. — An action of unlawful detainer does not lie to recover possession of property where a plaintiff does not prove his ownership thereof.</p> <p>Id. — Possession at Sufprance. — Possession by the defendant of a rural property by virtue of a sale made to him without the execution of a proper deed in favor of his predecessor because of the fact that he owed a part of the purchase price does not constitute possession at suffranee, so as to serve as the basis of an action of unlawful detainer.</p>

<p>Judgment — Opinion.—Where, as in the present case, an opinion is rendered, it is the better practice to render the opinion and judgment separately, the latter based upon and in accordance with the former, and entered in _ accordance with the provisions of section 227 of the Code of Civil Procedure, and it is from this judgment that the appeal should be taken.</p> <p>Statement oe Pacts — Authentication Thereof. — In order that this court may consider the evidence it is necessary that the statement of facts be approved by the trial judge and that his signature be affixed thereto in legal form.</p> <p>Action eob Recovery oe Property — Title oe Inheritance. — A title of inheritance in itself is not sufficient upon which to recover the ownership of an irrigation system and of a tract of land from a defendant who shows a title to the same property recorded in his favor in the registry of property.</p> <p>Id. — Universal Title — Inheritance.—A universal title, which is a title of inheritance, is ineffectual and insufficient in itself upon vliieh to recover property, unless it is proved that such property forms a part of the inheritance, because the heir cannot acquire property or rights other than those devised by his predecessor upon his death.</p> <p>Id. — Annullment oe Defendant’s Title. — Where a plaintiff and defendant derive their titles from the same source, and the right to recover is based upon the nullity of the conveyance under the title of the defendant, it is necessary first to secure the annullment thereof, since it is only by such annullment that plaintiff’s title may recover its strength, as both titles cannot exist and prevail simultaneously.</p>

<p>.Appeal — Delay in Riling Briefs. — The filing oí briefs after the expiration of the period allowed therefor is sufficient reason to warrant the dismissal of the ■appeal if a motion therefor is made by the respondent before the hearing, but the court will not dismiss an appeal on its own motion after the hearing has been had.</p> <p>Id. — Judgment Contrary to Law — Amendment of Section 295 of the Code of Civil Procedure. — The Act of March 11, 1908, amending section 295 of the Code of Civil Procedure is not applicable to appeals in which the transcript of a record'was filed prior to the approval of that act. In the case at bar the court cannot consider the evidence because the appeal was taken after the expiration of 15 days after rendition of judgment.</p>

<p>Appeal — Order Not Appealable. — An order directing the defendant to pay a ' sum of money within a specified time which he had already been adjudged to pay by a final judgment declaring that, in case of his failure to comply therewith, his arrest would be ordered, does not constitute a final order from which an appeal lies with respect to the order for arrest, until a judgment is in fact rendered ordering his imprisonment and the order in respect to the payment is res adjudicata.</p>

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

<p>Certiorari — Effectiveness of Judgments. — When compliance with an obligation is judicially demanded, precautionary measures may be applied for to the court to secure the effectiveness of judgment rendered therein, whatever the nature of such obligation may be — that is to say, whether it has been specified or not, to do or not to do, or to deliver a sum of money0or any other specific thing.</p> <p>Certiorari — Decisions Which It Is Impossible to Comply with. — A writ of certiorari will not issue to correct errors which even supposing the same to have been committed are aets already performed and which would result in this court rendering orders which it would be practically impossible to comply with. '</p>

<p>Appeal — Judgment Contrary to the Evidence — Consideration oe the Evidence. — This court cannot consider the evidence when the appeal is taken after the expiration of the 15 days provided for by section 295 of the Code of Civil Procedure, and it must be presumed that the action of the trial court was correct in every respect.</p>

<p>Expropriation — Declaration op Public Utility. — Description op Land. — The laws at present in ioree upon this subject do not require that the land sought to be expropriated should be described in the declaration of public utility by the Executive Council.</p> <p>Id. — Functions op the Executive Council — Necessity and Convenience. — • Under the existing laws it is not incumbent on the Executive Council, but it is on the sehool board, to determine the limits and situation, the convenience and necessity of expropriating any particular property for the construction of schoolhouses.</p> <p>Id. — Duties op the School Board — Requisites op Application por Condemnation. — According to section 5 of the expropriation act of March 12, 1903, the application in expropriation proceedings must describe the property, the names of the owners, their residences, the nature of their interests, the liens thereon if any, and the purpose to which the property is intended to be applied.</p> <p>Id. — Amount Oppered by Plaintipp. — It is unnecessary that the application in expropriation proceedings should state the amount which the appellant is ready to pay for the land sought to be expropriated.</p> <p>Id. — Functions op the Jury — Matters Which May Be Considered Thereby.— The expropriation act does not confer upon the jury appointed in such cases any power other than to determine the amount of the indemnity to be paid to the owner of the land expropriated, and it cannot consider evidence tending to show that there is no necessity to expropriate a particular parcel of land.</p> <p>Id. — Appeal prom the Yerdict op the Jury to the District Court — Questions Which May Be Raised on Appeal. — From the verdict of the jury in expropriation proceedings, an appeal may be taken to the district court, and in an appeal thus taken, although the law does not determine what questions may be considered, there is no doubt that, in accordance with the jurisprudence upon the subject, in such proceedings the only matters to be considered and decided are the necessity of the expropriation of the land involved, the convenience and situation of the property for the purposes sought, and evidence may be introduced to show these things.</p> <p>Appeal to the Supreme Court. — According to section 18 of the expropriation act the judgment of a district court on appeal from the verdict of a jury is appealable to the Supreme Court only by reason of error of law.</p> <p>Id. — Questions oe Law and op Fact May Be Considered in the Appeal to the District Court. — There is no doubt that the district court may decide on appeal all questions of fact or of law raised by the parties and if the ends of justice so require may deny expropriation of the property in question..</p> <p>Id. — Trial de Novo before the District Court. — On an appeal from the verdict of a jury, the district court must try the case de novo, the same as in cases, on appeal from the municipal courts.</p> <p>Id. — Indemnity por the Land Expropriated and por Damages and Injuries.— The owner of expropriated land is entitled not only to be indemnified for the value of the property but also for all the damages and injuries occasioned by the expropriation, and a verdict not including these matters is contrary to law.</p> <p>Id.' — Indemnity to a Lessee op Expropriated Property. — Not only the owner,, but the lessee as well, of an expropriated property is entitled to indemnity for damages and injuries occasioned by the expropriation of a property and. of the lease, respectively. ,</p>

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

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

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

<p>Motion to Dismiss Appeal.</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>Pkokerty op Minors — Judicial Authorization to Sell the Same. — Where a hearing is had upon an application for judicial authority to sell the property of minors, and the court decides that the value of the property is greater than ^ that stated in the petition, as shown by witnesses, additional evidence cannot be introduced to rebut that already heard, but the case must be presented anew.</p> <p>Id. — Contradictory Evidence in Regard to the Value of the Property. — Where a judgment denies an application for judicial authority to sell the property of minors on the, ground that the evidence is contradictory and shows that the property is of greater value than that stated in the petition, the judgment must he affirmed because it is in accordance with law.</p> <p>Id. — Qualification of Witnesses to Testify as to the Value of Property — • Appointment of Experts. — In cases of this nature the witnesses introduced to testify as to the value of the property of minors must show that they have some knowledge of land values, and that they are acquainted with the property sought to be sold. In cases of doubt as to the value of the property, the court must appoint an expert or experts to report as to the price of the land.</p>

<p>Appeal — Failure to Present Statement oe the Case. — Where a statement of a ease or bill of exceptions is not presented and questions of fact are- involved, such as whetner or not fraud has been practiced in the execution of a contract the annuilment of which is sought, this court cannot consider the evidence and, therefore, must affirm the judgment appealed from.</p> <p>Id. — The Facts Declared to Have Been Proven in the Decision op the Trial Court. — Even where the appellant is satisfied with the facts declared by the trial judge in his decision to have been proven, the question involved in the appeal is not reduced to a question of law because for this purpose it would be necessary that the adverse party should signify his conformity as to the findings of the trial court, and this is not here the ease.</p>

<p>New Trial Unnecessary — Reversal of Judgment Before Piling of Record on Appeal Prom an Order Denying a New Trial.. — Judgment in this ease having been rendered on March 18, 1908, reversing the judgment appealed from, it is unnecessary to decide the appeal in the same case from the order overruling a motion for a new trial, and this appeal must be dismissed.</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 San Juan.</p> <p>The facts are stated in the opinion.</p>

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

<p>Certiorari — Appeals Prom Municipal Courts. — According to subdivision 2 of section 295 of the Code of Civil 'Procedure, and rule 34 of the district courts, final judgments rendered by municipal courts are appealable to the district court.</p> <p>Decided on the same grounds as those set forth in the opinion in Abella v. Foote, District Judge, 10 P. R. Rép., p. 215.</p>

<p>Application for Writ of Certiorari.</p> <p>Tbe 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 from the District Court of Arecibo.</p> <p>The facts are stated in the opinion.</p>

<p>Demurrer — Order—Dismissal oe Appeal. — An order made by a judge sustaining a demurrer to the complaint is not appealable because it is not included among those enumerated in paragraph 3 of section 295 of the Code of Civil Procedure, and ,does not constitute a judgment according to the definition thereof contained in section 188 of the said Code.</p> <p>Id. — Decision and Opinion. — Where in a decision of a demurrer an opinion is rendered, the trial 'court must confine his opinion to the matter in eontra-versy- — that is to say, the allegations of the demurrer — and render Ms decision thereon separately, stating that the defendants filing the demurrer prayed for judgment.</p>

<p>Terms Computed — Holidays.—The term of 30 days allowed for appeals must be computed by excluding the last day if it should be Sunday, as provided by section 388 of the Political Code.</p> <p>Appeal — Judgment Contrary to the Evidence. — This appeal having been taken after the expiration of 15 days from the date on which judgment was rendered, and questions of fact having been raised and controverted at the trial, this court, according to section 295 of the Code of Civil Proeeudre, cannot consider the evidence and must, therefore, accept the conclusion that the facts are in favor of the defendant.</p>

<p>Appeal — Judgment Contrary to the Evidence — Consideration op the Evidence. — In order that this court may consider the evidence when the judgment is assailed on the ground that it is contrary to the evidence, the appeal must be taken within 15 days after the judgment is rendered, as required by section 295 of the Code of Civil Procedure.</p> <p>New Trial — Appeal—Statement of the Case not Authenticated. — "Where a statement of the case presented on appeal from an order denying a new trial is not authenticated by the certificate of the judge, this court cannot consider the findings of the trial court upon the evidence.</p>

<p>Appeal from the District Court of San Juan, Section 1.</p> <p>The facts are stated in the opinion.</p>

<p>Damages and Losses — Section 1803 of the Civil Code. — Where a workman demands payment for damages and injuries caused by a builder errrployed by tlie defendant, he must show the relation of master and servant between the builder and the defendant before he can recover damages.</p> <p>Id. — Servant—Meaning Thereof. — The fact that the builder sometimes paid the wages of the workmen not employed on the building being constructed where the accident occurred, but upon the plantation, does not establish the relation of master and servant, as required by paragraph 4 of article 1804 of the Revised Civil Code.</p> <p>Contributory Negligence — Proximate Cause. — Fault or negligence is the basis of the obligation where between it and the damage the relation of cause and effect exist; but if .the injury caused arises from acts or omissions of a third person, the defendant is not bound to Inake reparation therefor, and especially wheq the proximate cause of the damage sustained is the imprudence and recklessness of the injured party.</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 Ponce.</p> <p>The facts are stated in the opinion.</p>

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

<p>Damages and Losses — Pkcoe oe Origin, Existence and Amount Thereof — - Elimination op Statement op the Case. — Every judgment for damages and' losses must "be based upon proof of the origin, existence and amount thereof,, and in the case at bar the statement of the ease having been eliminated be-, cause it was submitted to the trial judge for approval after the expiration of 15 days from the date on which judgment was rendered, this court cannot review the evidence in order to determine whether or not the origin, existence, and amount of the damages and losses sought to be recovered have been duly proven.</p>

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

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

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

<p>Unlawful Detainee — Bond on Appeal — Requirements for Principals— Affidavit. — In bonds furnished in accordance with the provisions of section 12 of the Law of Unlawful Detainer, approved March 9, 1905, the sureties only are required to make the affidavit prescribed by section 355 of the Code of Civil Procedure ,amended March 12, 1908, it being sufficient for the debtor merely to sign the bond.</p>

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

<p>Criminal Law — Defamatory Libel — Complaint Sufficient — Bill of Exceptions — Statement of Ea'cts. — Where there is no bill of exceptions or statement of the facts or brief, and the complaint does not appear to be defective, judgment appealed from must be affirmed.</p> <p>Id. — Defamatory Libel — Sufficiency of Complaint — Deference to a Particular Person. — In complaints for defamatory libel it is unnecessary to state the facts showing the application of the article to the person libeled, it being sufficient to allege that the libel was published and referred to such person, as provided by' section 87 of the Code of Criminal Procedure.</p>

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

<p>Natural Children — Impediment op Dependant to Contract Marriage — Presumption. — It having been proved that the predecessor of the defendants in an action to secure the recognition of natural children, was a single man, and that he was not otherwise related to the plaintiff, it is unnecessary to prove that there are no other obstacles because the presumption is that he continued to be a single man up to his death, and that there were no other obstacles in the way of contracting marriage.</p> <p>Id. — Evidence op Capacity op the Plaintive to Contract Marriage. — It having been alleged.in the complaint that there was no obstacle in the way of the father and mother to contract marriage, either at the time the natural children were conceived or at the time of the death of the alleged father of the natural children, because both were single and were not related to each other, and that allegation not having been expressly denied in the answer, and no evidence having been introduced to show the contrary, it is unnecessary to show the legal capacity of the plaintiff to contract marriage because there exists in favor of the children the legal presumption juris tanturn of belonging to the class of natural children, and of the paternity having been proved in the absence of evidence to the contrary, it will be presumed that the parents at the time of conception or birth could have legally married without a dispensation.</p> <p>New Trial — Insufficiency of Evidence — Specification of Particulars. — A motion for a new trial based on the insufficiency of the evidence must specifically state the particulars of the evidence in which the insufficiency consists, and in case of failure so to do, the motion must be overruled.</p> <p>Newly Discovered Evidence — Diligence—Material and Not Cumulative — • Abuse of Discretion. — A motion for a new trial based on newly discovered evidence must allege and show that the mover could not with due diligence have discovered such evidence, that the evidence is.imaterial and not cumulative, and that it will have a tendency to change the result of the case is opened for the introduction of evidence. The courts look with suspicion at such motions, and if the mover would prevail in the appellate court, he must show that the court below did not exercise a sound discretion.</p> <p>Id. — Contradictory Affidavits. — Where there are contradictory affidavits, the trial judge is in the best position to determine the truth thereof and reconcile the conflict.</p>

<p>Criminal Law — Assault With Intent to Commit Manslaughter — Punishment' — Existence op Crime. — The crime of assault with intent to commit manslaughter is defined and punished by the penal laws in force in 'Porto Pico.</p> <p>Id. — Crime Punisi-ied by Penal Code. — In order to arrest and punish a person in Porto Eico, it is necessary that he be charged with some crime defined by the Penal Code and punished by one of the penalties enumerated in section 10 of said Code.</p> <p>Id. — Crime Under the Common Law. — Crimes defined and punished under the common law are not legally offenses brought in Porto Eico.</p> <p>Id. — Attempt to Commit a Crime. — Section 50 of our'Penal Code provides a punishment for the attempt to commit a crime, and assault with intent to commit manslaughter may be properly held to be covered by that section.</p> <p>Id. — Assault With Intent to Commit a Felony. — Section 223 of our Penal ■ Code punishes assault with intent to commit a felony, with the exception of murder, and assault with intent to commit manslaughter is also included .in this section.</p> <p>Id. — Punishment Under Sections 204 and 50 op the Penal Code. — In accordance with these sections of the Penal Code, the crime of assault with intent to commit manslaughter may be punished by imprisonment in the penitentiary for a maximum term of five years.</p> <p>Id. — Punishment in Accordance With Section 223. — In accordance with the. provisions of this section of the Penal Code the same crime may be punished by a maximum term of one year imprisonment.</p> <p>Id. — Shorter Term op Imprisonment Than That Authorized by Law. — In the case at bar the accused was-sentenced to one year of imprisonment in jail— that is to say, a shorter term than that authorized by sections 204 and 50 of the Penal Code. . Such facts being favorable to the accused they do not warrant the reversal of the judgment appealed from on that ground.</p> <p>Id. — Evidence as to Place oe Commission of Crime — Judicial Knowledge. — In the ease at bar the barrio in which the crime was committed and the town of which the said barrio forms a part, were proved, and the court having judicial knowledge of the fact that the said town belongs to this judicial district further proof is unnecessary.</p> <p>Id. — Statement oe a Case — Statement Must be in Concise Narrative Form— Stenographer’s Notes. — The statement of the case must be a complete and exact statement of all the facts presented as evidence, expressing the testimony of each witness in concise, narrative form, but the stenographer’s notes, giving the questions and answers propounded to the witnesses must not 'be reproduced.</p> <p>Id. — Information Charging Felony — Verdict for Misdemeanor — Conviction of a Minor Crime Though Included in the Information. — Where a person is accused of a felony and, after being tried by a jury, is found guilty of a minor crime which, by reason of the punishment therefor, is classed as a misdemeanor, but included in the information, the proceedings cannot be held to be void nor the court deprived of its jurisdiction to continue to take cognizance of the case and render judgment in accordance with the verdict.</p> <p>Id. — Evidence—Irrelevant Question — Witness Accused of 'Perjury. — The fact that a witness was accused of perjury does not disqualify him as a witness, and a question propounded to a witness asking him whether or not he had been indicted for perjury having been eliminated, the error was corrected and it does not constitute a ground for a new trial. •</p> <p>Id. — Instructions to the Jury — Ommissions With Respect to Any Point— Failure of Counsel to ask for Instructions. — Where the instructions of the trial court to the jury are assailed, not because they are erroneous, but because they are incomplete- and omit certain points, counsel must have expressly asked the court to instruct the jury upon the particular points omitted, in order that such an omission will be regarded as a material error.</p>

<p>Habeas Corpus — Petition Presented to a Justice op the Supreme Court— Remission op the Petition to the Judge op the District in “Which the Petitioner is Imprisoned. — Section 471 of tlie Code of Criminal Procedure does not prevent an application for habeas corpus presented to a justice of the Supreme Court from being referred for decision to the court of the district in which the petitioner is imprisoned, and especially when the rights of the accused are not impaired and traveling expenses -are saved to The People of Porto Rico.</p> <p>Id. — Citation op the District Fiscal — Absence From the Hearing. — In the case at bar it appears that the district fiscal at Mayagiiez was cited but did not appear at the hearing, and his absence does not render the proceeding null.</p> <p>Id. — Bond in Criminal Appeals — Within Discretion op Judge to Allow Same — Another Judge Cannot Reverse Action. — The admission or refusal to admit a defendant to bail in the eases provided for in paragraph two of section 374 of the Code of Criminal Procedure, is a matter addressed to the exclusive discretion of the judge to whom application is made, and after the refusal of the judge in the exercise of the power granted him by section 379 of the said code, neither another judge nor this Supreme Court, knowing the facts, can vacate an order made in the exercise of such discretionary power, unless it was manifestly arbitrary, revealing prejudice, passion or a spirit of revenge.</p> <p>Id. — Admission to Bail — Review by Habeas Corpus. — A district court may not by habeas corpus interfere with another court of record with full authority-to decide whether or not a prisoner should be admitted to bail.</p>

<p>Securing Effectiveness of Judgment — Damages .and Losses Besotting — Advice of Counsel. — In accordance with the provisions of section four of the Act • of Mareh 9, 3902, to secure the effectiveness of judgments, a party who seeks and obtains an attachment upon the property of the defendant is jointly and severally liable with the sureties for any damage caused bjr reason of the attachment, and the fact r that he has acted upon the advice of counsel does not exempt him from responsibility, nor will he be relieved thereof by reason of the fact that the defendant and owner of the property attached refused to accept the office of receiver for the property.</p> <p>Id. — Eaott.—Undoubtedly a party is in fault who seeks and obtains an attachment to secure the effectiveness of a judgment which, after having caused damage and loss, is necessarily raised because the complaint was impropeily filed or because it was unfounded.</p> <p>Damage and LOSS' — Evidence not Clear. — In the case at bar the plaintiff estimated the damage and loss suffered by reason of the attachment of a circus belonging to him, and which was levied at the instance of the defendants, and continued in existence about Seven months, at $13,850, or at the rate of $100 for each Sunday and $50 for each laboring day. This court decided</p> <p>' ■ that, it being proved that the plaintiff continued to ,use another circus, the real damage caused" whs represented by the difference between the net profits which might have been derived from the circus under attachment and the rented circus, after deducting the outlays necessary to obtain such profit.</p>

<p>Summons — Nullity—Representative of an Estate. — The defendant in the trial court having failed to attack the summons served upon the widow of the predecessor in interest, as the representative of the defendant estate, she having voluntarily appeared in answer to the complaint, cannot now raise the question for the first time in this court, because any defect in the service of summons was cured hy her appearance. '</p> <p>Corporation — Allegation of Constitution in Complaint. — The question of failure to allege in the complaint that the plaintiff corporation was duly constituted in accordance with the laws of Porto Rico, cannot be raised for the first time on appeal, where such a defect has not been alleged either in answer or by way of demurrer in the trial court.</p> <p>Conflicting Evidence — Findings Thereon by the Trial Court. — Where the evidence is conflicting it is the province of the trial court to weigh the same, and this court will not reverse its findings unless it is shown that manifest error of fact or of law was committed by the trial court.</p> <p>Written Title of Ownership — Third Party — Possessory Title. — A 'written title of ownership is effective as against a third party from the date of its admission to record in the registry. A possessory title will not prejudice the rights of the owner, although the latter fails to record his title, unless the possessory title is converted into- a dominion title, or a title of ownership, by virtue of prescription.</p> <p>Record op Title — Record op Another Title op the Same or a Prior Date.— Wliei'e a dominion or possessory title is recorded in the registry, no other title of the same or prior -date conveying or encumbering the same property may be recorded therein.</p> <p>Prescription — Proper Title — Third Party. — Prescription, for which a proper title is necessary, does not operate to the prejudice of a third party, unless such title is recorded in the registry of property.</p> <p>Id. — Allegation.—To successfully allege prescription it is necessary specifically to cite the legal provisions upon which prescription is based.</p>

<p>Appeal from tlie District Court of Sail Juan.</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>HAbeas Corpus — Arrest 'op a Spanish Subject upon the Verbal Order op the Spanish Consul — Lack op Warrant cr Judgment. — The arrest of a Spanish subject upon the verbal order of a Spanish consul, made on board a Spanish vessel anchored in the harbor of San Juan, and subsequently conducted to the office of the Insular Detective Service, without a warrant of arrest or judgment of a court of justice, is illegal.</p> <p>Extra Territoriality op Consulate — Arrest in a Spanish Consulate. — Even supposing that the petitioner had been arrested at the Spanish consulate, his arrest would have been illegal, and he would be subject to the jurisdiction of 'the local courts, because consulates do not possess the privileges of extra territoriality that belongs to embassies.</p>

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

<p>Recc»d of Judicial Sale — Heirs—Manner of Establishing the Same. — The writ issued to the district, marshal for the execution of a judgment rendered in an action prosecuted against the lieiass of the debtor stating their names, being inserted in the deed in question, is sufficient to establish the fact that such persons are tlie heirs of the debtor in whose name the registrar states the property conveyed '5s recorded.</p> <p>Id. — 'Previous Record in Favor Of the 1-Teies of the Debtor. — Royal Order of July 22, 1896, — In accordance with the previsions of the Royal Order of July 22, 1896, which is a part of the Mortgage Law in force in this Island, in eases of judicial sales made for the payment of mortgage credits, it is not necessary that the mortgaged properties he previously recorded in favor of the heirs of the debtor in order that the deed of the 'judicial sale so made may he recorded.</p>

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

<p>Incurable Defecto-Record op Judicial Sale — Coownership op a Dependant.— The defendants having been adjudged to pay jointly the sum demanded in the complaint, the coownership of one of the descendants of the property attached must be considered as included in the public sale made to satisfy the judgment and the incurable defect alleged by the registrar does not exist.</p> <p>Curable Defect — Statement op Age op Parties Recorded — Failure to Present Power op Attorney. — The failure to state in a deed the age of the contract-, ing parties does not constitute any defect whatsoever, it being sufficient to say that they are of legal age; but it is a curable defect to fail to present the power of attorney of the party appearing to accept the deed in the name of the purchaser, inasmuch as in accordance with the provisions of section 1226 of the Revised Civil Code, no one may contract in the name of another without being authorized so to do by the latter, or by law.</p>

<p>Criminal Law — Assault With Intent to Commit Murder — Confession of Guilt. — -In the ease at bar the appellant was charged with the crime of assault with intent to commit murder, and after having been convicted the court sentenced him to 10 years in the penitentiary. The information not "being defective and the judgment being in accordance with the provisions of section 218 of the Penal Code the judgment appealed from must be affirmed.</p>

<p>Appeal from a decisión of the Registrar of Property of San Germán.</p> <p>The facts are stated in the opinion.</p>

<p>Ganancial Property — Presumption—Testimony of One of the Spouses, in Proceedings to'Secure Possessory Title — Alienation Without Consent of Other Spouse.' — Where a property is recorded by virtue of proceedings to secure possessory title brought by one of the spouses alone, in favor of the petitioner who is married, without the intervention of both spouses, it is presumed that the property • belongs to the conjugal partnership, and that presumption cannot, be destroyed by an ex parte statement made by the petitioning spouse, without the intervention of the other spouse, to the effect that the property was acquired' by- inheritance, because such a statement is not conclusive, evidence as to the title of acquisition, .and the property therefore cannot be alienated without the express consent of the other spouse.,</p>

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

<p>Criminal Law — Evidence op Guilt — Material Errors. — Even where the evidence is sufficiently clear to justify the jury in finding the defendant guilty, if material errors have been committed during the course of the proceedings, the judgment must be reversed and a new trial granted.</p> <p>Id. — Review op Instructions to the Jury — Failure to Enter Exception.— This court may review the instructions given to the jury even in the absence of exceptions thereto.</p> <p>Id. — Error op Judge in Instructions to the Jury — Failure to Describe in Bill op Exceptions the Tone op Voice in Which Instructions Were Given to Jury. — Where the instructions of the judge to the jury are attacked on the ground that in the tone of voice of the judge there "vibrated the spirit of prejudice of the prosecutor which is so essentially different from the impartial spirit of a presiding judge” it is necessary to set forth in the bill of exceptions the facts and describe the tone of voice used in giving the instructions, in order that the court may determine whether or not the rights of the accused have been violated.</p> <p>Id. — Interruption op Judge While Charging the Jury- — Improper Observations Made by the Judge. — In the case at bar the trial judge while instructing the jury was interrupted by counsel for the defendant to add the following statement: "I desire that the jury shall know the corresponding punishment” to which the judge replied: "Ten years,” adding thereto the remark: "Surely the jury which is acting in this case is not frightened by the punishment.” The court held that there is nothing in the law to justify such an improper interruption as that above set forth, which induced the judge to make such a remark, in violation of good taste and judicial decorum, and that it not appearing from the record that the rights of the accused were impaired, as she was sentenced to a punishment much less than the maximum authorized by law, that remark- cannot be deemed to constitute a material error.</p> <p>Id. — Summing up Evidence. — In accordance with the provisions of paragraph 3 of section 233 of the Code of Criminal Procedure, the judge is bound to relate the testimony of the witnesses to the jury and may comment upon the importance or value thereof.</p> <p>Id. — Instructions as a Whole Correct. — The fact that a certain paragraph of the instructions states a proposition in general terms, although immediately thereafter the exceptions to all the limitations thereof are stated, does not constitute error if such exceptions appear in any other part of the instructions.</p> <p>Id. — Admission and Exclusion op Evidence — Direct Examination — Cross Examination — Application op the Law op Evidence to Criminal Prosecutions. — In accordance with provisions of section 155 of the Law of Evidence, which must be followed in criminal prosecutions, when the same may be dulv applied, the cross-examination must be confined to facts brought out on the direct examination.</p> <p>Id. — Affidavit Made in a Preliminary Investigation. — The provisions of section 423 of the Code of Criminal Procedure do not authorize the introduction as evidence of affidavits Inade by a witness in the course of a preliminary investigation of a crime, by the fiscal.</p> <p>Id. — Affidavits of Deceased Persons. — Ex parte affidavits made before a notary public by deceased persons without the intervention of the fiscal and without giving him an opportunity to cross-examine them are not admissible in evidence and must be excluded.</p> <p>Id. — Questions Excluded — Exception.—In order that this court may review a ruling of a court excluding a question, it is necessary that such a ruling shall have been excepted to, and, in the absence of such an exception, it must be presumed that it is accepted.</p>

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

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

<p>Appeal — Judgment Contrary to the Evidence. — Where an appeal is taken after the expiration of 15 days provided for by the last paragraph of subdivision one of article 295 of the Code of Civil Procedure, this court cannot review the evidence and determine whether or not the judgment appealed from is contrary thereto, but it must disregard the statement of the case and confine its consideration to the judgment roll and the documents constituting the same.</p> <p>Delivery qe Undivided Hereditary Portion — Action Communi Dividundo. — • Where an estate has been divided among the heirs and each heir has been awarded an undivided portion, the action which must be brought by a coheir to obtain the material possession of his specific part is the action of communi dividundo against all of the participants in the ownership of. the property claimed, in order that as soon as the division of the common property is effected, delivery may be made to him of the definite portion to which he is entitled.</p> <p>Division oe Estate — Action Eamiliae Erciscundae. — In order -to obtain the division of an estate the heir wishing to do so must bring an action familiae erciscundae under the proper special proceeding.</p> <p>Reciprocal Obligations — Compliance With Contract. — A counter claim which does not aver that the cross complaint has complied with the conditions of the contract in so far as they affect him does not state facts sufficient to constitute a cause of action for compliance with a contract obtaining reciprocal obligations because without so doing he cannot require compliance by the other contracting party.</p> <p>Reciprocal Obligations — Resolution op Contract. — In the ease of reciprocal obligations in a contract where the party demanding compliance therewith has not himself complied with the obligations that he has assumed, the other party may choose between demanding his compliance therewith or the resolution of the obligation, with indemnity for damages and payment of interest in either case.</p>

<p>Dismissal of Appeal — Time Within Which Same May be Taken — Curable and In curable Defects. — The time within which an appeal from a decision of the registrar of property may be' taken is 20 days, and applies to •curable defects or incurable defects, and where the appeal is taken after the 'expiration of that period, it must be dismissed.</p>

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

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

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

<p>Record oe Judicial Sale — Coownership op a Dependant. — An action having been brought against a succession and an agricultural partnership, and the members of both having been adjudged jointly to pay the debt, the share of one of the defendants in the properties attached must be considered as included in the public sale held to satisfy the judgment, and the incurable defeet claimed by the registrar to exist is not present.</p> <p>Curable Defect — Statement op Age op Contracting Parties — Failure to Present Power op Attorney. — Failure to state the age of the contracting parties in a deed does not constitute any defect whatever, it being sufficient if it is stated that they are of legal age, but it is a curable defect to fail to present the power of attorney of the party appearing to accept the deed in the name of the purchaser, inasmuch as in accordance with the provisions of section 1226 of the Revised Civil Code, no person may contract in the name of another without being by him authorized or without authority .of law so to do.</p>

<p>Proceedings to Obtain Possessory Title — Hearing op 'Fiscal — Witnesses, Residents and Property Owners in the Municipality Within Which the Property is Situated. — Essential requirements in proceedings to obtain possessory title are that the fiscal be given an apportunity to be heard and that it be shown by documentary evidence that the witnesses are residents and property owners in the municipality within which the property is situated.</p>

<p>Prohibition to Alienate — Preference in Favor of the Ooowners of a House for Sale. — The property being recorded in the name of several ooowners. . under the limitation that, in case of sale, the vendors, the price being equal, shall give the refusal to the other coowners, they being prohibited to sell to a stranger if one of the interested parties should wish to buy, and in order to show that this condition had been complied with, it would be necessary for all the parties to sign the deed of sale; otherwise, to present the certificate of death of the eoowner failing to appear at the execution of the deed of sale, a deed of sale failing to comply with these requirements cannot be recorded in the registry of property.</p>

<p>Dissolution and Division cf Commercial Partnership — Minors Interested — • Powers of Guardian — Code of Commerce. — In accordance with the provisions of article 234 of the Code of Commerce, it is not necessary that a guardian should have the authorization of the family council of his minor brothers and sisters in order to proceed to dissolve and divide a commercial partnership.</p> <p>■Official Translation of Documents — Curable Defect — Construction of Article 52 of the Mortgage Regulations. — Failure to comply in the execution' of an instrument with the provisions of article 52 of the Mortgage Regulations in regard to the official translation of instruments executed in foreign countries, only constitutes a curable defect when a power of attorney presented by one of the parties to show his capacity as the agent of one of the parties interested in the deed is involved.</p> <p>Property Recorded in Favor of a Partnership — Transfer Thereof to Liquidating Partnership. — Where a new partnership is constituted as the liquidator and eontinuator of an extinguished partnership, it is unnecessary to transfer the property of the former to the new partnership in order to comply with the provisions of article 20 of the Mortgage Law.</p>

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

<p>Paternal Authority — Minor Child Abandoned by Father — Habeas Corpus— Necessity eor the Existence oe Eestriction Upon the Liberty. — A daughter over 18 years of age and under 21 years of age who voluntarily abandons her parternal home to live with her lover without any detention or real restraint upon her liberty, cannot be restored to the paternal home by means of a writ of habeas corpus.</p> <p>Id. — Age op 18 — Presumption.—"Where a daughter 18 years of age abandons her paternal home to live with her lover, it cannot be presumed that she acts without realizing what she is doing, as would be the case with a child of tender years.</p>

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

<p>Notice oe Attachment — Right oe Redemption — Expiration oe Term Within Which Such Right May be Exercised. — Where a property is sold under an agreement providing for the redemption thereof, and recorded in the registry in favor of the purchaser, no notice of attachment upon the right of redemption against the vendor may be entered in the registry after the expiration of the redemption period, even though the marginal note showing the consummation of the sale shall not have been entered.</p>

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

<p>Crimucal Law — Appeal—Statement op the Case — Bill op Exceptions — Maní pest Errors. — Where there is no statement of the case or bill of exceptions in the record, and it does not appear therefrom that any manifest errors were committed by the trial court, the judgment appealed from must be affirmed.</p>

<p>Expropriation — Previous Record in Favor oe Owner oe Land Expropriated.— No record can be entered in the registry of expropriated land under a judgment in condemnation proceedings, unless siich land be previously recorded in the name of the defendant, in accordance with the provisions of article 20 of the Mortgage Law.</p> <p>Judgment in Condemnation Proceedings — Statutory Construction. — Section 9 of the act relating to condemnation proceedings, approved March 12, 1903, did not repeal the absolute and specific provisions of article 20 of the Mortgage Law, and both should he harmonized; section 9 of the said act being construed to mean that the title of ownership granted by a court in condemnation proceedings shall be recorded in the registry of property, but subject to the provisions of the Mortgage Law, which determines the eases and the manner in which records shall be made.</p>

<p>MotioN to approve statement of the case.</p> <p>The facts are stated in the opinion.</p>

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

<p>Execution oe Deed — Witness Thereto — Party Executing the Same Unable: to Sign. — In accordance with the provisions of section 14 of the Notarial Law of March 8, 1906, the only person authorized to sign in the name of the party executing the deed, who-is unable to sign his own name, is one of the witnesses to the instrument, and they may be more than two.</p> <p>Id. — Party Executing Instrument Unable to Sign — Signature by a Third Party. — A third party not mentioned in the deed as a witness to the execution thereof cannot sign the same for the party executing the instrument who> is unable to sign his name.</p>

<p>Habeas Corpus- — ■Adultery—Alternative Punishment.- — A judgment eondem-ing a defendant for the crime of adultery to the alternative punishment of $200 fine, or two months in jail in case of failure to pay such fine, is not a violation of section 209 of the Penal Code.</p> <p>ÍD. — Adultery—Prosecution' op Woman. — In habeas corpus proceedings an allegation to the effect that the crime of adultery cannot be committed without the concurrence of the other, party, who should be prosecuted unless it is ■ shown that such party was excluded from the prosecution in order to use the testimony against the defendant, as a witness for The People of 'Porto Rico, is immaterial and impertinent.</p> <p>Id. — Alternative Punsihííent — Imprisonment.—The imprisonment of a defendant sentenced to pay $200 fine, or in default thereof to serve two months in jail, is not illegal where the defendant has failed to pay the fine and he is imprisoned to satisfy the alternative punishment.</p>

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

<p>Attorney — Temporary Disbarment — Good Moral Character — Power op Supreme Court to Disbar Attorneys. — In order that any person may be admitted to practice as an attorney at law before the Supreme Court, among other conditions it is necessary that he should be a man of good moral character and, failing in this, he would fail in one of the fundamental requirements for the admission of attorneys to practice law, and this court, which grants that privilege, would undoubtedly have the power to withdraw it.</p> <p>Id. — Terms Affecting the Moral Character. — In the district court of Huma-cao, while testifying as a witness, the accused made the following statements: That when he practised his profession in Caguas, Municipal Judge Vergne de la Concha, told him, prior to the trial of Ramón Baleourt for assault and battery, that he was going to fine Baleourt $5 so as to leave a way clear for him to prosecute an action for damages under the condition that whatever was secured as a result thereof should be divided between the judge and the attorney, and having filed the suit withdrew the same before trial because of the fact that he had subsequently become acquainted with Baleourt and had found out what kind of a person he was; and in reply to a question propounded to him Abella Blanco added that when Vergne de la Concha made him the proposition to sue Baleourt he was agreeable because the idea was to demand $500 damages, and although he realized that it was an immoral practice, he saw no reason for refusing to associate himself with the judge because, as he lives from the practice of his profession, he is frequently obliged to defend actions which he realizes are immoral. ’» The court held that such words unfavorably affect the moral character of the accused, and temporarily disbarred him from practicing his profession for the term of six months. fl</p>

<p>Curable Defect — Validity of Contracts Executed by Agents by Verbal Appointment. — Contracts executed by agents by verbal appointment are valid,.in accordance with the provisions of section 1226 of the Civil Code and law 48, title 5, of the 5th Partida.</p> <p>£d. — Agent by Verbal Appointment. — The appearance of the purchaser at the execution of a deed by an agent by verbal appointment is a curable defect according to paragraph one of article 65 of the Mortgage Law.</p>

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

<p>Appeal Prom a Decision oe the Registrar — Redemption oe Property — Ganan-cial Property. — Where a property is sold at public sale to pay taxes and it is recorded in the registry of property in favor of the owner thereof, he ■being married, and is thereafter redeemed by him, he having become a widower, and recorded in his favor as such, he may sell the same to a third party without the consent of the heirs of his deceased wife.</p> <p>Id. — Effects of Record. — Where a record is entered in the registry of property, it cannot be disregarded nor can the legal aspect thereof as regards' the ownership of the property be ignored, and the record is protected by the courts of justice, they being the only competent authority to decide as to the validity thereof.</p>

<p>Habeas Corpus — Assault and Battery — Excessive Punishment. — A defendant charged with assault and battery without aggravated circumstances cannot be sentenced to pay more than $1 to $50 fine, and a judgment sentencing a defendant to two months in jail and a fine is null and void, and he must be discharged from custody.</p>

<p>Certiorari — Jurisdiction of Absent Dependants — Appearance by Counsel.— Prom the moment absent defendants appear in an action through their counsel and demur to the complaint without alleging that the court has no jurisdiction, such a voluntary appearance is equivalent to personal service of notice and delivery of a copy of the complaint, and the court thereby acquires jurisdiction over them.</p>

<p>Appeal from a decision of the Registrar of Property of Caguas.-</p> <p>Tbe facts are stated in the opinion.</p>

<p>Appeal — Certified Record. — In accordance with the provisions of section 302 of the new Code of Civil Procedure, copies of documents presented on appeal must be certified to by the secretary of the district court or by counsel.</p> <p>Id. — Certificate by one Party — Dismissal.—In accordance with the foregoing documents where a party appears in his own behalf without counsel, he cannot certify to the copies of documents presented on appeal, but in such a case, the secretary of the trial court should make this certificate.</p>

<p>Appeal — Certificate of Record. — In accordance with the provisions of section 302, of the new Code of Civil Procedure, the copies of documents presented on appeal must be certified to by the secretary of the district court or by counsel.</p> <p>Id. — Certifícate by one Party — Dismissal.—In accordance with the foregoing doctrine where a party appears in his own behalf without counsel, he cannot certify to the copies of documents presented on appeal, but in such a case, the secretary of the trial court should make this certificate.</p>

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

<p>Statement of the Case — Bill of Exceptions — Appeoval Thereof. — A bill of exceptions, statement of the case, or statement of facts, must be settled by the judge or judicial officer before whom the case was heard in the first instance, and in case such judge or judicial officer should die, be removed from office, become disqualified, absent himself from the Island or refuse to settle the bill of /exceptions, statement of the case or statement of facts, such documents must be approved by the person succeeding such judge or ■judicial officer in office, or by the judge of the nearest district court.</p> <p>Id. — Approval by Supreme Court — Propriety Thereof. — The Supreme Court may be resorted to only in the case referred to in section 67 of the rules— that is tOosay, in case the judge or judicial officer before whom the trial of a case was had fails or refuses to settle and sign the bill of exceptions or statement of the ease — and this is not so in the casé at bar.</p>

<p>Motion to settle a statement of the case.</p> <p>The facts are stated in the decision.</p>

<p>Appeal from a decision of -the Registrar of Property of. Ponce.</p> <p>The facts are stated in the opinion.</p> <p>The appeal was taken by the attorney in fact of the appellant.</p>

<p>Appealable Orders — Alimony—Order Modifying Same. — An order made upon a motion for the reduction of the monthly allowance for alimony, paid by a defendant under a decree of divorce, is appealable, because it is an order rendered after final judgment and therefore included within the provisions, of paragraph three of section 295 of the Code of Civil Procedure.</p> <p>Alimony — Modification and Revocation — Adequate Prooeedins. — Where a district court grants alimony it has jurisdiction to set aside or modify its order so doing, whenever in accordance with the provisions of section 177 of the Civil Code the circumstances justify such action, and such an order may be ' sought by means of a motion made during the principal suit, without the necessity of filing a separate complaint for the purpose.</p> <p>Id. — Ebs Judicata — Procedure to be Followed. — The granting of alimony cannot be considered as res judicata, but the losing party may always reopen the case.</p> <p>Id. — Action of Unlawful Detainer — Rules of Procedure Applicable to the Case. — In an action for alimony, the rules of procedure to be followed in an action of unlawful detainer should govern with respect to the filing of the complaint and the introduction of evidence in accordance with the provisions of section 84 of the act relating to special legal proceedings, approved March 9, 1905.</p> <p>Id. — Affidavit in Evidence. — In accordance with the provisions of section 123 of the Law of Evidence, in a suit for provisional maintenance, the testimony of witnesses may be introduced in evidence; but if affidavits are presented and no objection is made thereto by the adverse party, the court may consider the same.</p> <p>Id. — Amount of Alimony. — Alimony amounting to $50 per month to be paid by a husband earning at least $150 per month, is moderate and should not be reduced.</p>

<p>Criminal Law —■ Libel — Privileged Communication — Written Complaint Against a Municipal Judge. — In accordance with the laws in force in Porto Eico, a written communication addressed by two private citizens to the Attorney General of Porto Eico, mating charges against the official conduct of a municipal judge, denouncing his conduct as unbecoming his position and prejudicial to the administration of justice, requesting an investigation and offering to present proof of the allegations, is a privileged communication.</p> <p>Id. — Libel—Privileged Communication — Burden of > Proof — Malic®.—In libel eases, where a privileged communication is involved, the burden of proof shifts, and instead of malice being presumed against the defendants, from the use of libelous words, it must be proved by the prosecution by means of other evidence than the' mere libelous document itself.</p>

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

<p>Criminal Law — Embezzlement (Eelony) — Embezzlement (Misdemeanor)..— The crime of embezzlement, like the ci'izne of larceny, may he either grand or petit, constituting a felony in the first case and a misdemeanor in the second, and the latter crime is included in the former.</p> <p>Id. — Verdict Finding Defendant Guilty oe Misdemeanor — Lesser Crime Included in the Information — Information Charging Eelony. — According to the foregoing doctrine a defendant charged with the crime of embezzlement (felony) may be found guilty by the jury of the crime of embezzlement (a misdemeanor).</p> <p>Id. — Trial—Change of Verdict Finding Defendant Guilty of a Misdemeanor for one Finding I-Iim Guilty of a Felony. — It is error for a court to direct the jury to change its verdict finding the defendant guilty of .embei zlement (a misdemeanor) for one finding him guilty of embezzlement (a felony), and such an error must be corrected by granting a new trial.</p> <p>Id, — Amount of Embezzlement — Question of Fact — Classification by Jury.— The amount embezzled is purely a question of fact within the exclusive province of the jury to determine, and the jury only has authority to decide whether or not the crime, by reason of the amount embezzled, is a felony or a misdemeanor.</p> <p>Id. — New Trial — Verdict Suggested by Erroneous Instruction. — In this case the verdict, not having been a spontaneous one but suggested by an erroneous instruction on a matter of law. and therefore contrary to law, a new trirl must be ordered, in accordance with the provisions of subdivisions five and six of section 303 of the Code of Criminal Proeeduie.</p>

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

<p>Natural Children — Action to Secure Acknowledgment Thereof — Sufficiency of Complaint. — An allegation contained in tlie complaint to the effect that during the intimate relations between the plaintiff and the defendant there was no impediment whatever to prevent them from contracting marriage, is sufficient for the purposes of a general demurrer to the complaint based on the ground that it is not enough to allege that, at the time of the birth of the natural child,, there was nothing to prevent the marriage of the father and mother; but that it should have been alleged that no such impediment existed at the time of conception.</p> <p>Id.' — Sufficiency of .Evidence. — In civil cases like this a preponderance of the evidence is sufficient upon which to render judgment the same degree of certainty required in criminal cases being unnecessary.</p> <p>Id.- — Date of Birth. — It is not a matter of vital importance to determine exactly the date on which the natural child was born where there is sufficient evidence to prove the other allegations of the complaint.</p> <p>Id. — Contradictory Testimony. — The mere fact that the testimony of a party, in favor of whom judgment is rendered, is contradictory, is nót a sufficient reason to warrant the reversal of the judgment.</p>

<p>Habeas Corpus — Contempt—Jurisdiction op Municipal Courts to Punish Therepor. — In accordance with provisions of sections 7, 28 and 29 of the Code of Civil Procedure, and the Aet of March 8, 1906, relating to contempt, municipal courts have jurisdiction to punish for the crime of contempt.</p>

<p>MotioN to approve statement of 'the case.</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 Aguadilla.</p> <p>The facts are stated in 'the opinion.</p>

<p>Contract op Settlement — Essential Elements. — Where it is not shown that a contract was entered into for the purpose of avoiding litigation, or of terminating a suit already commenced, and it is not shown what concession each of the contracting parties made for the purpose of avoiding litigation, the agreement cannot be regarded as a settlement.</p>

<p>Injunction — Insufficiency ■ of Petition — Material of Civil Possession of Property. — In the case at bar it is alleged in the petition that the petitioner, after having been placed in possession of the property sold him by the marshal of the municipal court of Lares, possession thereof was given to another person by the marshal of the District Court of Aguadilla, by virtue of a public sale thereof, notwithstanding which he affirms that he has continuously been in possession of the property. The petitioner does not state whether the possession to which he refers was material or civil, nor does he allege any facts from which it may be inferred what kind of possession he held. The court held that the petition is defective, because it does not allege such facts.</p> <p>Id. — Insufficiency of Complaint — Allegation of G-reat and Irreparable Injury, Difficult to Estimate. — A petition for injunction is insufficient where it fails to allege that the injury being caused the plaintiff is consider able in extent, difficult to estimate,, and irreparable.</p> <p>Id. — Controversy as to. Ownership and Possession — Adequate Remedy.— ■Where the acts performed by the defendant show a controversy as to the ownership and possession, such controversy should be settled, not by means of a writ of injunction, but by the prosecution of the proper action, with a view to securing the application of sections 447 and 1376 of the Civil Code.</p> <p>Id. — Application for Injunction — Pull Statement of All the Pacts. — In an application for injunction a full statement of all the facts should be made, and when it appears that the facts have not been so set forth, the application must be denied.</p> <p>Id. — Great Caution Should be Exercised in Granting Injunction. — Great caution should be exercised in granting writs of injunction, and they should only be granted in those eases in which the necessity and the reason therefor is clear.</p>

<p>Mandamus — Statutory Construction — Certificates of Official Documents.— The Act of March 12, 1908, to fix certain fees for issuing certified copies of official documents has no reference whatever to mandamus, nor to the Governor of Porto Eico, and only relates to the amount of fees to be paid by parties securing copies of official documents from the department where they are deposited or archived.</p> <p>Id. — Alternative 'Writ — Application Denied Without Issuing Alternative Writ. — Where an application for the writ of mandamus is insufficient and does not state facts sufficient to constitute a cause of action, a court may deny the application without issuing the alternative writ.</p> <p>Id. — Jurisdiction of Courts to Issue the Writ of Mandamus Against the Governor — Executive or Ministerial Acts. — The district courts and the Supreme Court have jurisdiction to issue the writ of mandamus against the Governor of Porto Eico to compel him to comply with ministerial or executive duties which do not require the exercise of any discretion.</p> <p>Id. — Personality of the Petitioner — Editor of a Newspaper.' — The editor of a newspaper, as such, is without the necessary capacity to commence proceedings to secure a writ of mandamus for the purpose of obtaining a certified copy of an official document unless it is shown that he “is a party beneficially interested ’ ’ and that he has a special interest in the matter.</p> <p>Id. — Personality of the Petitioner — General Interest as a Citizen. — Such a general interest as any citizen of the Island might have in a public matter is not sufficient to qualify a person to become the plaintiff in a suit for mandamus in a case like the one at bar.</p> <p>Id. — Ministerial or Executive Act — Discretion.—In the case at bar the court held that the giving or withholding by the Governor of Porto Bico of copy of the document in question constituted an act of discretion on the part of that official.</p> <p>Id. — Privileged Communication. — In the case at bar the court held that the written answer given by the district judge to the Governor, in reply to certain charges made against him by several attorneys, is not a privileged communication in' such a sense as to exclude it from the operation of the law of mandamus.</p> <p>Refusal to Issue Writ of Mandamus — Prejudicial to the Public Interest.— The writ of mandanms must be refused when the public interests would be prejudiced by its issuance, or when to issue it would be to disturb official action, or create disorder or confusion, or when the rights of third parties would be thereby prejudiced.</p>