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17 P.R. 912

Alvarez v. López

Supreme Court of Puerto Rico

Decided October 6, 1911

Supreme Court of Puerto Rico · decided 1911-10-06

<p>Certiorari — Error .of Procedure. — It not appearing from the petition presented' that any error of procedure has been committed, no ground' exists for the- • exercise, of the extraordinary remedy of ■certiorari, in accordance with the* provisions of the law in force governing the matter..</p>

Decided 1911-10-06

¶1decision.

By the court:

¶2It appears from the petition that an action of unlawful detainer having been brought in the Municipal Court of Caguas against the petitioner the court rendered a judgment in his favor, and, that an appeal from this judgment having been taken to the District Court of Humacao said court rendered a judgment against him. The petitioner, lacking- the ordinary remedy of an appeal from the judgment of th,e district court, sought the present extraordinary remedy of certiorari to have the judgment annulled.

¶3The petitioner alleges that the district judge failed to estimate the evidence properly or to apply the law correctly in the rendition of his judgment, hut does not state that any error of procedure was committed. This being so, in accordance with the clear and precise, terms' of the act authorizing writs of certiorari, approved March 10, 1904 (Acts of 1904, p. 132), the remedy sought does not lie.

¶4Wherefore the petition is denied.

¶5Petition denied.

Chief Justice Hernandez and Justices MacLeary, Wolf,, del Toro, and Aldrey concurred.
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