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42 P.R. 655

Hostos v. Madera

Supreme Court of Puerto Rico

Decided July 21, 1931

Supreme Court of Puerto Rico · decided 1931-07-21

Decided 1931-07-21

Me. Justice Wole

¶1delivered the opinion of the Court.

¶2The appellant, who had obtained judgment, sued out a writ of attachment to cover funds owing to the defendant in the hands of the Treasurer of Puerto Pico. The court ■subsequently annulled the attachment on the ground that the ■certificate levied upon was not attachable in accordance with the decision of this Court in Crédito & Ahorro Ponceño, v. Colón, 36 P.R.R. 308. The plaintiff appealed, and the defendant moves the dismissal of the appeal as frivolous.

¶3The appellant filed a brief in which he maintains that the xules covering funds in the hands of the Government have been varied by the Act of 1028, permitting additional suits against the People of Puerto Rico. While we have some doubts, we are not convinced that there may not be some merit in the appeal,

¶4Motion denied.

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