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28 P.R. 467

Delgado v. Delgado

Supreme Court of Puerto Rico

Decided May 24, 1920

Supreme Court of Puerto Rico · decided 1920-05-24

<p>Change >oe Venue — WARRANTY—Appearance—Judicial Notice. — If the defendants in warranty are entitled to a change of venue, the defendant who summoned them in warranty is entitled to the benefit of such change although he had appeared in order to move for the summons and to give bond for a release from attachment, and in so holding the appellate court may take .judicial notice of another reeord submitted at the same time.</p>

Decided 1920-05-24

Mr. Justice Wolf

¶1delivered the opinion of the court.

¶2Luis Vivó is the appellant in this case. He was sued and cited Severiano Lecaróz and Manuel Lecaróz in warranty and eviction, as set forth in case of Delgado et al. v. Delgado et al., ante, page 465. In addition, however, he appeared and gave a bond for a release from attachment. He made the reservation that this appearance was solely in regard to the attachment.

¶3We have decided in Aparicio Brothers v. A. C. Christianson & Co., 23 P. R. R. 457, that an appearance to dissolve an attachment gives the court jurisdiction. It could perhaps be doubted whether a motion for a change of venue might not still be presented, but we shall not decide the question.

¶4As this case and the Delgado Case, supra, were submitted on the same day and as the appellants in the latter case were clearly entitled to a change of venue, the law of that case is binding on the parties in this and we shall take judicial notice of the said previous record for the purposes of the *468appeal. The -whole case must he transferred and Vivó is entitled to the benefit of the said transfer.

¶5The judgment must be reversed and the change of venue made.

¶6Reversed.

Chief Justice Hernández and Justices del Toro, Aldrey and Hutchison concurred.
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