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4 P.R. 405

Fortuño v. Ferreras

Supreme Court of Puerto Rico

Decided November 20, 1903

Supreme Court of Puerto Rico · decided 1903-11-20

This is a declaratory action for divorce prosecuted in the District Court of San Juan by Emilia Juana Fortuño y Larroche, a resident of this city, as plaintiff, represented by her attorney, Luis Freyre Barbosa, against Joaquin Ferreras Pagán, also a resident of this city, as defendant, which case is pending before us on appeal in cassation for error of law, taken by counsel for the plaintiff, from the judgment rendered by the said District Court, which literally reads as…

Decided 1903-11-20

Mr. Justice Quiñones,

¶1after making the above statement of facts, delivered the opinion of the court as follows:

¶2The-findings of fact of the judgment appealed from, and the conclusions of law, excepting the second, are accepted. The only evidence introduced by the plaintiff, Emilia For-tuito, namely, the testimony of two witnesses who stated that they had been in the service of the married couple, is not, as it should he, sufficiently explicit and circumstantial to allow the court to form a correct judgment of the true causes of the dissensions occurring between the spouses, and the frequency and seriousness thereof, which elements are indispensable in order to judge correctly as to the justice and legality of the divorce sued for.

¶3We adjudge that we should affirm and do affirm the judgment appealed from, with costs against appellant.

Justices Hernández, Sulzbacher and MacLeary, concurred.Mr. Justice Figueras did not sit at the hearing of this case.
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