Volume 6 — Puerto Rico Reports

A hearing was had of the suit prosecuted in the District Court of Humacao by Ruperta Concepción Aguilar, of legal age, married and a resident of Guayama, with the consent of her hnsband, Antonio Moret, and represented in this Supreme Court by Attorney Juan de Guzman Benitez, against Edgardo Vázquez y Aguilar, property-owner, a resident of Guayama, who is represented by Attorney Jacinto Texidor, in the matter of the delivery of a money legacy and restitution of a deposit,…

This is an action prosecuted in tlie District Court of Are-cibo by Juana Polanco de la Rosa, as plaintiff, represented before this Supreme Court by Attorney José de Guzmán Beni-tez, against Ignacio Franco y Alonso, as defendant, represented by Attorney Antonio Alvarez Nava, for the recovery of damages, which case is pending before us on appeal taken by Juana Polanco de la Rosa from the judgment rendered by aforesaid court, which reads as follows: “Judgment No. 4. — In…

This is a complaint in intervention of preferred right, prosecuted in the District Court of Humacao by Ramón Pastor Diaz, plaintiff, against Attorney Plerminio Diaz Navarro and Carolina Luzunaris y Dominguez, defendants, which case is pending before us on appeal in cassation, now ordinary appeal, from the judgment rendered thereon, taken by the plaintiff, who is represented in this Supreme Court by Attorney Antonio Alvarez Nava, respondents being represented by -Attorney…

This is a proceeding instituted in the District Court of Humacao, by Rafael Berlanga y Hostos, for the purpose of establishing his ownership of a rural estate, which case is pending before us on appeal taken by counsel for petitioner from the judgment rendered by said court, which judgment reads as follows: “Judgment. — In the city of Humacao, August 25, 1903.

This is an administrative proceeding pending before ns on appeal, between the General Administration, represented by the Assistant Attorney General, Emilio del Toro, and the municipal conncil of Manatí, represented by Attorney Jnan R. Ramos, for the reversal of a rnling made by the District Conrt of San Jnan, Jnne 26, 1903, in an action prosecuted by said municipal council against a decision of the Treasurer of Porto Rico in respect to the revocation of a fine imposed upon…

' This is a proceeding instituted in the District Court of San Juan by Mariano Pesquera, on behalf of his wife, Maria Ana Sojo y del Valle, in respect to a declaration of ownership of a lot situated at the place known as “Minillas,” in the ward of Santurce, of this city, which case is pending before us on appeal taken by the applicant from the decision rendered by aforesaid district court, which decision reads as follows: “San Juan, Porto Eico, June 15, 1903.

A hearing was had of this administrative appeal taken by Attorney Cruz Castro, on behalf of José Ramón Tibot, from a decision of the registrar of property of this.city, refusing admission to record of the annotation ratifying the transfer of an entry from the old to the modern books of the Registry.

<p>.Mortgage — Partial Payment and Extension of the Time For Payment of Balance. — An instrument by which a mortgage debt is canceled in part, and new terms are allowed the debtor for the payment of the balance, the original mortgage remaining in full force and effect, constitutes a perfectly valid and effective obligation, and is, therefore, recordable in the Registry of Property.</p> <p>Id. — Subsequent Creditors. — The partial cancellation of a first mortgage, and' the granting of an extension of time for the payment of the balance, the-original mortgage continuing in force, is a contract which, instead of injuring operates to the benefit of subsequent creditors, who preserve their-full rights without prejudice to the preferred right of the first mortgage-creditor to collect the balance of his credit at maturity.</p> <p>Id. — Cancellation.—Where a mortgage does not appear to have been canceled' in the Registry of Property, it should be considered in force for all legal! purposes.</p>

A hearing was had of the present administrative appeal, taken by Attorney Antonio Sarmiento, on behalf of Meásrs. Pasalacqua Hermanos & Co., doing business in Coamo, from the decision of the registrar of property of Caguas, refusing admission to record of a certificate of the decree of award of sundry rural estates, issued in an action prosecuted by said Pasalacqua Hermanos in the District Court of San Juan against the estate of José S. Mandés y Cintron.

A hearing was had of the petition filed in the District Court of San Juan by Isaac Soriano, requesting permission to prosecute as a poor person his suit against Pablo Ubarri Iramategui, which, case is pending before us on appeal taken by the petitioner from the decision rendered by the district court, which reads as follows: “Judgment. — In the city of San Juan, Porto Rico, June 29, 1903.

Appeal in complaint from the District Court of San Juan. STATEMENT OP THE CASE. On July 27 of last year, Attorney Wenceslao Bosch, on behalf of L. Planas y Marti, established in this city, brought an action in the municipal court of the Cathedral district of San Juan, against the Marcus Bernheimer Milling and Mercantile Company, of the city of St. Louis, Missouri,.

This is a proceeding instituted in the District Conrt of San Jnan by Attorney Santiago B. Palmer, on behalf of several notaries of this Island, against the People of Porto Rico, for the recoAmry of an indemnity for damages; which case is pending before ns on appeal taken by the party plaintiff from the decision of aforesaid conrt declaring itself incompetent to take cognizance of the complaint by reason of its subject-matter, the party appellant having been successively…

Remedy of complaint against a decision of the District Court of San Juan. STATEMENT OF THE CASE. In the action of unlawful detainer instituted in the District Court of San Juan by the San Juan Light and Transit Company .against Francisco Segura, said court - rendered judgment sustaining the action of unlawful detainer for the reasons set out as grounds of the complaint, namely, default in payment of the rental and expiration of the term of the contract.

* STATEMENT OE THE CASE. The Fearing was Fad in tFe action for divorce prosecuted in tFe District Court of San Juan by Francisco Loaiza González, married, of age, and a resident of Bio Piedras, as plaintiff, represented in this Supreme Court by Attorney Sandalio Torres Monge, tFe Fiscal being one of the parties, against Mauricia Bosario Caballero, wFo Fas failed to appear, for wFicF reason tFe service of notices was made in tFe court room; said case being now before ns on…

<p>Appeal from the District Court of Arecibo.</p> <p>STATEMENT OP THE CASE.</p> <p>This is an action of unlawful detainer prosecuted in tbe District Court of Arecibo by Juan del Toro y Cancel against Pedro Arambarry and Eamona Cruz, now pending before us on appeal taken by tbe defendants from tbe judgment rendered in said action, tbe appellants being represented in tbis Supreme Court by Attorney Jacinto Texidor, and tbe respondent by Attorney Félix Santoni.</p> <p>Tbe aforesaid judgment, rendered on July 29 of last year, reads as follows:</p> <p>“Judgment — No. 19. — In Arecibo, July 29, 1903. An oral and public bearing was had in this district court in the matter of an action of unlawful detainer instituted by Attorney Félix Santoni Rodriguez, on behalf of Juan del Toro y Cancel, of age, a fanner, ' .and a resident of Utuado, against Pedro Arambarry and Ramona Cruz, residents of Hatillo, represented in these proceedings by Attorney Simon Large Aquilúe.</p> <p>“On April 20 last, Attorney Félix Santoni, on behalf of del' Toio, filed with this court an action of unlawful detainer against Pedro Arambarry and Ramona Cruz, residents of Hatillo, tenants at suffrance, alleging that in a deed executed in this city, September 7, 1900, Juan del Toro y Cancel acquired by purchase from Joaquín Sánchez Chirino, a two-story house, bearing no number, with a cistern in the court-yard, said house measuring 14 meters, front by 16 deep, and built on a lot in the town of Hatillo, measuring 14 meters front by 24 deep; which house stood on the northern sidewalk of the plaza of aforesaid abolished municipality; bounded on the north, which is the .rear, by common land; on the east, or right-hand side, by Soledad street; on the west, or left, by a * house belonging to Paulina León; that the purchase was effected for the sum of seven hundred and twenty dollars, the vendor conveying to the vendee the title to aforesaid property; and that the defendants Pedro Arambarry and Ramona Cruz are occupying said house as tenants at suffrance, without paying rent therefor, notwithstanding their having been served with notice to vacate and leave the property to be freely disposed of by his client, within the period of one month, which has already expired.</p> <p>“As legal grounds he pleaded the provisions of the Law of Civil Procedure with reference to the action of unlawful detainer against tenants at sufferance, and the judgments of the Supreme Court as to the grounds for such action. He concluded with the prayer that the complaint be sustained, with costs against the defendants.</p> <p>“The complaint was accompanied by the notarial deed of conveyance of the property to Juan del Toro, recorded in the Registry of Property, and the notices served upon the defendants through the municipal court of Camuy.</p> <p>“The parties having been summoned to appear before this district court, Attorney Santoni appeared on behalf of the plaintiff and Attorney Largé on behalf of the defendants; and as the latter contested the facts as set forth in the complaint, the papers were submitted to him for examination. He then stated: That toward the latter part of the year 1893, or beginning of 1894, one Tomás Rodríguez, a resident of what was then the town of Hatillo, who owned an old house in said town, entered into an agreement with Pedro Arambarry, a builder, whereby the latter was to tear down and reconstruct said house, which was in a dilapidated condition. This Arambarry engaged to do and did at cost, and he to furnish the money, upon condition that his personal labor and the amount expended or employed in said work, in every respect, should be reimbursed by Rodriguez, during the whole of December of the said year 1894, which disbursement and work, as specified by Arambarry, could not at that time be made and performed by Rodriguez, owing to his lack of means; that the bargain being satisfactory to his client, he went to work and rebuilt the two-story house, but when the time arrived for a settlement according to stipulation, Rodriguez being unable to fulfill his agreement with Arambarry, it was agreed between them that the former should transfer or convey to the latter his title to the house rebuilt by Arambarry in satisfaction of all the expenses incurred by the latter in the work of reconstruction agreed upon, the amount whereof had been advanced by his client, the assignor failing to execute the deed for reasons beyond the control of Arambarry; that Arambarry, being now owner of .the reconstructed house, with everything contained therein or annexed thereto, has been occupying and possessing the same since 1894, and lives therein at the present time, paying, as such owner since said time, the taxes thereon assessed by the national, insular and municipal governments, and making such repairs in it, that the former old, dilapidated and almost valueless house has been transformed into a new one, nearly one thousand dollars having been expended in said improvements; and that Arambarry has been in possession of said house without interruption of any kind since the time he acquired it, and now possesses the same as rightful owner, and not as tenant at sufferance, his possession dating back about nine years.</p> <p>“As legal grounds the defendants cited the provisions of the Civil Code relating to ownership and the perfecting of contracts, the Law of Civil Procedure with respect to procedure, and General Order No. 128 of 1899.</p> <p>“The introduction of evidence being ordered, the plaintiff produced a notarial deed of sale with right of reversion of the urban property forming the subject-matter of the action of unlawful de-tainer, executed by Tomás Rodríguez in favor of Joaquín Sánchez, for the sum of one thousand two hundred pesoS, special money, under date of March 7, 1885, and a certified copy of the record of the verbal suit instituted in the municipal court of Hatillo by Ramón Alonso against Pedro Arambarry; 'and the defendants produced a certificate of the Treasurer to the effect that Arambarry had been paying taxes on a house in Hatillo., and a duplicate receipt of taxes on the same house for the second half of the year 1901.</p> <p>"The oral trial was had, Juan del Toro Cancel being the only party present, through his counsel, although the defendants had been duly summoned, wherefore the plaintiff waived the interrogatories which were to be propounded to the defendant Arambarry, who had failed to appear. "With the permission of the court, counsel present argued in support of the complaint, after which this judgment was unanimously voted by the judges.</p> <p>"In the conduct of this trial the rules of procedure have been observed.</p> <p>"Presiding Judge Felipe Cuchí y Arnau prepared the opinion of the court, as follows,:</p> <p>"The action of unlawful detainer is based upon the ownership of the property sought to be recovered, and it appearing, from the deed of September 7, 1900, recorded in the Registry of Property of Arecibo, that the plaintiff, Juan del Toro, bought of Joaquín Sán-chez for a certain price the town property occupied by defendants without paying rent, it is evident that his action is perfectly legal and in the institution thereof he has conformed to the provisions of law.</p> <p>"The only formality required-of the plaintiff in order to institute an action of unlawful detainer against the defendants was to previously serve upon them one month’s notice to vacate, as prescribed under subdivision 3 of article 1563 of the Law of Civil Procedure when dealing with tenants at suffranee, and the certificate of the municipal judge of Camuy shows that said notice was personally served upon the defendants on the 20th of March last, considerably more than a month prior to the filing of the complaint by the plaintiff, which occurred on the 24th of April following.</p> <p>"Even assuming that the allegations made by the defendants in their answer to the complaint, which allegations were not ratified nor proved, at the oral trial, bearing upon their rights to possess the property sought to be recovered, ,were admissible, this is not the proper action for discussing the same, but a declaratory one, according to the procedure prescribed by General Order No. 118 of 1899.</p> <p>“The nonappearanee of the defendants at the oral trial to continue sustaining their opposition to the claims of the plaintiff, shows that there was no obstinacy in the litigation on their part, and, therefore, no special imposition of costs should be made.</p> <p>“In view of sections 356 and 1474 of the revised Civil Code, and articles 371, 1562, 1563, 1587 and 1592 of the Law of Civil Procedure, we adjudge that we should declare and do declare that the action of unlawful detainer was properly maintained, and accordingly condemn Pedro Arambarry and Ramona Cruz to vacate within fifteen days the house occupied by them in Hatillo, belonging to Juan del Toro Cancel, leaving the same to be freely disposed of by the latter, under pain of eviction should they fail to do so, with no special imposition of costs. Pronounced, commanded and signed by us. Felipe Cuchí, Carlos Franco Soto, Otto Schoenrich.”</p> <p>Prom the foregoing judgment counsel for Pedro Aram-barry and Eamona Cruz took an appeal, which was allowed; and the record having been forwarded to this Supreme Court after citation of the parties, the appeal was conducted under the proceedings prescribed by law, a day being set for the hearing, which took place without the presence of counsel for appellants and respondent.</p>

' This is a declaratory action instituted in the District Court of Mayagiiez by Bosa Baez, widow of Morin, of age and a resident of that city, represented in this Supreme Court, first by Attorney Pascasio Fajardo, and afterwards by Attorney Manuel F. Bossy y Calderón, plaintiff, against Andrés Orsini y Santini, likewise of age, married and a resident of said city, represented by Attorney José de Diego y Martinez, defendant, for the recovery of a sum of money, which case is…

Appear from the District Court of San Juan. STATEMENT OE THE OASB. This is a proceeding instituted in the District Court - of San Jnan by Attorney Damián Monserrat y Simó on behalf of Ignacia Pinto,, for the purpose of determining the ownership of a rural estate, which case is pending before us on appeal taken by the petitioner from the judgment rendered by aforesaid court on July 15, last, in which the application for the declaration of ownership was denied.

This is a summary proceeding to recover possession of certain lands, instituted in the District Court of Huma-cao by Pedro Amorós, as plaintiff, represented in this Supreme Court successively by Attorneys Miguel Zaváleta and Juan Ramón Ramos, against Manuel Cividanes, as defendant, represented by Attorney Luciano Ortiz Antón, which case is now pending before us on appeal taken by counsel for the plaintiff from the. judgment rendered by the aforesaid district court.

This is a proceeding instituted in the District Court of San Juan by Luis Freye Barbosa to establish ownership of a rural estate, on behalf of Francisco Martinez Salas, pending before us on appeal taken by the petitioner from the decision of said court, rendered July 15, last, whereby the declaration of ownership applied for was denied.

<p>IRemedy of complaint against a decision of the District Court of Mayagüez.</p> <p>STATEMENT OP THE CASE.</p> <p>In the summary proceedings prescribed by tbe Mortgage Law and conducted under tbe Eegulations for tbe execution thereof, instituted by Victor Martinez against Domingo Rivera for tbe recovery of a mortgage debt, tbe judicial administration of tbe mortgaged estate was decreed at tbe instance of tbe mortgage creditor, pursuant to tbe provisions of article 1528 of tbe Law of Civil Procedure.</p> <p>Counsel for tbe defendant, on behalf of bis client, requested intervention in tbe harvesting of tbe coffee crop, which was tbe object of tbe administration of the property, basing bis request on articles 1528, 1519, 1520 et sec[. of aforesaid law, bis request being overruled by an order of October 1 of last year.</p> <p>Tbe aforesaid counsel then prayed for a reconsideration of said order, which was also refused in a ruling of November 19 of last year.</p> <p>Thereupon be immediately took an appeal from tbe last mentioned decision, which appeal was disallowed by another ruling of tbe 5th of December following.</p> <p>Availing himself of tbe right which, be contends, is granted to bis client by article 397 of tbe Law of Civil Procedure, counsel for tbe defendant prosecuted tbe proper remedy of complaint and requested this court to render such decision as may be meet and according to justice.</p> <p>The debtor having taken an appeal in complaint in due time and form from the order denying the right of appeal, a day was set for the hearing, which was held without the presence of the counsel for the parties, on the 18th of March of the present year.</p>

TMs is an action instituted in the District Court of Ponce, by Ana Salomons y Lind, as plaintiff, against Esteban de León y Martinez, as defendant, to enforce the performance of a contract; which case is now pending before ns on appeal in cassation, now ordinary appeal, prosecuted by León y Martinez from the judgment rendered by said court, the appellant having been represented in this court by Attorney Antonio Alvarez Nava, and the respondent by Attorney José de Guzmán…

This is a summary proceeding to recover the possession of certain passages or lanes, instituted in the District Court of Humacao by Messrs.

This is a proceeding instituted in. the District Court of San Jnan by Mannel Lonbriel y Cabrera on his own behalf and as the representative of his sisters and brothers, Carmen, Trinidad, Providencia, and Agustín Lonbriel y Cabrera and Segundo Lonbriel y Fonseca, as heirs of their deceased father, Modesto' Lonbriel, to obtain a declaration of ownership to various urban estates.

This case was instituted in the District Court of Maya-güez at the instance of Antonia Gandía y Castellón, with regard to the preliminary steps in the testamentary proceedings of Vicente Carrera y Grimaldi, which case is pending before us on appeal taken by the counsel for the petitioner from the judgment rendered by the said district court, which judgment reads as follows: “Vicente Carreras y Grimaldi died in this city on February 22, 1900, leaving a will executed on…

On August 10, 1903, Attorney Jacinto Texidor, on behalf of Jnan Ignacio Caloca, filed with, the District Court of San Jnan a petition for an injunction based on the ground that acts to his injury were being committed on an estate of which he is the owner, and after certain preliminary proceedings, Associate Judge Frank H. Richmond issued an order which reads as follows: “San Juan, Porto Rico, August 20, 1903.

TMs is an action institnted in the District Court of San Jnan hy Francisca García y Macias, as plaintiff, represented in this Supreme Court hy Attorney Plilario Cuevillas Hernán-dez, and afterwards hy Jacinto Texidor, against Catalina Font, represented by Attorney Eafael López Landrón, and Paulino Andreu, in default, involving intervention proceedings based on the ownership of a rural estate.

This is a proceeding instituted in the District Court of San Juan by Attorney Luis Freyre Barbosa, on behalf of Mr. W. W. Miner, with reference to the investigation of the ownership cf a rural estate, which case is pending before us upon an appeal taken by the counsel for the petitioner from the judgment rendered by the said district court, and which reads as follows: Porto Rico, September 1, 1903.

This declaratory action for the recovery of money came on to be heard, the same having been instituted in the District Conrt of Mayagüez by Edward E. Landis, who is represented in this conrt by Attorney Herbert E. Smith, against the Ma-yagüez Electric Company, which has failed to anoear. and the appeal being therefore conducted as in case of default.

This is a declaratory action for jactitation, instituted in the District Court of San Juan by Eafael Pou y López de Victoria, who is… Held: each of tbe parties alleged such matters as were conducive to bis rights, and judgment was rendered at a public session of tbe court after citing said parties. “Tbe legal formalities have been complied with in tbe conduct of this case. “Tbe opinion of tbe court was prepared by Judge José Tous Soto, as follows: “Inasmuch as unlawful…

' Appeal from the District Court of Arecibo. STATEMENT OE THE CASE. Ah examination has been made of the record in. this declaratory action for the recovery of a snm of money, instituted in the District Conrt of Arecibo by Miguel Arrieta y Dorregaray, who was represented in this district court by Attorney Jacinto Texidor, against José Ignacio Corujo y Arráez, who was represented by Attorney Félix Santoni.

A bearing was bad in tbis declaratory action prosecuted in tbe District Court of Mayagüez by Jnan Biancbi y Pagan, as plaintiff, now bis estate, consisting of bis widow, Rosario Rosafá y Estrada, and bis legitimate children, Francisco, Esr tela, Jnan and Rosario, of legal age, tbe former a resident of Añasco, and the others residents of Mayagüez, represented by Attorney José de Diego y Martinez, against tbe municipality of Añasco, represented by Attorney José de Guzmán…

AdmiNisteative appeal from a decision of the Registrar of Property of Arecibo. STATEMENT OE THE CASE. A Rearing was Rad of tRe present administrative appeal taken by Attorney Jnan E. Eamos, on beRalf of Hilario Caso, from tRe decision of tRe registrar of property of Arecibo denying tRe cancellation of a mortgage.

<p>Evidence — Questions oe Law and oe Eact. — The decision of questions of fact rests with the jury and questions of law with the court, the former being alone competent to declare whether there is sufficient evidence for finding the accused guilty.</p> <p>Id. — New Trial — Bill oe Exceptions.- — In eases in which the verdict is contrary to the law and the evidence a new trial should be granted; but in such cases it is necessary to show by means of a bill of exceptions that the finding of guilty is manifestly unjust, it not being sufficient to show that the jury committed an error in attaching greater weight to certain parts of the evidence than to others.</p>

This is an appeal taken to the District Court of San Juan by Damiana Huertas y Pulido against the municipal judge of Eío Piedras in connection with certain proceedings had for the execution of the judgment rendered by the said San Juan court in an action of unlawful detainer instituted by Pedro Elzaburu against Juan Molfulleda.

This is an action for the recovery of real estate and for the annulment of a mortgage’entry, prosecuted by Cristina Eoca de Yélez, as plaintiff, represented by her counsel, Eduardo Acuña, against the defendants, the “Banco Territorial y Agrícola,” represented by its counsel, Juan de (xuz-mán Benitez, and Lucia Gregory, who has made no appearance before this Supreme Court notwithstanding the fact that she was cited and summoned to appear, pending before us on an appeal in…

TMs is an action instituted in the District Court of San Juan for the annulment of a marriage by Adriano T. López Nussa, as plaintiff, who was represented in this Supreme Court by Attorney Jacinto Texidor, against Maria Luisa Yaldespino, as defendant, she having failed to appear as a party in this court, and the Assistant Attorney General having appeared as the representative of the People of Porto Pico, as is usual in matters of this character, for reasons of public…

This is a suit pending before us on appeal, instituted by Antonio Méndez, as president of the “Retailers Association” of this city, who is represented- in this Supreme Court by Attorney Jacinto Texidor y Alcalá del Olmo, against the General Administration, represented by Assistant Attorney General Emilio del Toro, and as intervenor, the municipality of San Juan, which has not appeared in this court, seeking the reversal of a judgment rendered by the District Court of San…

This is a summary proceeding, instituted in the District Court of Humaeao by Pedro Jiménez Sicardó against Barto-lomé Borrás y Ginart, to recover possession of a rural estate. The case is pending before us on an appeal taken by the defendant, who was represented in this Supreme Court by Attorney Jacinto Texidor, Attorney Bafael López Lándrón having appeared as counsel on behalf of the respondent.

<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 Arecibo.</p> <p>Tbe facts are stated in tbe opinion of tbe court.</p>

' STATEMENT OE THE CASE. In the application filed in this, case the plaintiff sets out the facts constituting the ground thereof, in the following terms: “That I am compelled to apply for a writ of certiorari, that may put an end to the illegal process being followed under the summary proceedings of the Mortgage Law, in the District Court of Mayagiiez, to the prejudice of my clients. “The facts involved in aforesaid proceedings, and the reasons upon which I base my petition,…

<p>Information — Witnesses.—The Fiscal must base Ms information, upon the testimony of witnesses who have been examined before him under oath, and the circumstance that one of the witnesses for the prosecution may not have been examined in that manner is not sufficient to conclude that the other witnesses were not, the presumption being, in the absence of proof to the contrary, that the witnesses were examined under oath by the Fiscal.</p> <p>Appeal — Evidence.'—The Supreme Court will not consider any probatory element on appeal wMch has not been submitted for the consideration of the trial court.</p>

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

ApelaoiÓN procedente de la Corte de Distrito de Mayagüez. EXPOSICION DEL CASO.

■ This is an action brought in the District Court of Maya-giiez by Higinio and Eosario Ortiz del Toro against Tomasa Pabón, in her own name and as the representative of ber minor children, with… Held: and for which the attorney of the plaintiffs had been cited. “The parties being summoned to appear for the proffer of evidence, they submitted such as was deemed convenient, which was admitted.

The ease before us is an action instituted in the District Court of Mayagüez by Juan E. Rivera, a resident of said city, against Ramón B. Rivera, Monserrate Valentin, Cle-mente Vélez, Miguel Rivera and Dámaso Tubens, whose domicile and other conditions are not stated, for the unlawful detainer of certain houses and premises; which case is pending before us on an appeal in cassation, now ordinary appeal, taken by Miguel Rivera, who appeared in this Supreme Court through his…

<p>Appeal — Final Judgment. — An appeal lies from final decisions only, "by which are understood those decisions which finally terminate the action or make its-continuance impossible.</p> <p>Id. — The act of March 12, 1903, converting the Supreme Court of Cassation into one of appeal, left in full force and efEeet the provisions of articles 1687 and 1688 of the Law of Civil Procedure.</p> <p>Id. — The appellate jurisdiction conferred upon the District Court of San Juan by General Order No. 118 of 1899 is limited to the decision of the pending appeal, and from that time jurisdiction of the matter pertains to the district court to which is attached the court of first instance where the suit was orig-ginally brought.</p>

<p>Criminal Law — Evidence—Questions op Pact — New Trial — Verdict.—The jury is the only judge of questions of fact and of the veracity of the witnesses, and only in exceptional eases, in which the jury commits a manifest abuse of its power in this respect, will the trial or appellate court set aside the verdict and grant a new trial.</p> <p>Id. — Appeal.—On an appeal the Supreme Court should consider and pass upon only legal errors committed by the trial court; and the questions of fact submitted for its consideration must be stated with great precision so as to enable the court to consider them and determine whether the decision appealed from is or is not correct.</p> <p>Trial by Jury — Challenges.—Challenges must be taken when the juror appears, and before he is sworn to try the cause; but the court may for cause and in its discretion permit them to be taken after the juror is sworn, and before the jury is completed.</p> <p>Penal Laws — Retroactive Effect. — Penal Laws which make better the condition of the accused in a criminal cause should have a retroactive effect.</p>

The appeal pending before ns was taken by Ramona Sán-chez Cintron, who entered an appearance as a party thereto in this Supreme Court under the direction of Attorney Eduardo Acuña Aybar, for the purpose of obtaining a reversal and annulment of the judgment rendered by the District Court of Mayagiiez, which reads as follows: “Judgment. — In the city of Mayagiiez, November 26, 1902.

Appear from the District Court of Arecibo. STATEMENT OP THE CASE. This is an appeal taken by Jose Peruchet Castell in a decla-claratory action instituted by Serafina Curbelo de Diaz against Miguel Arrieta Dorregaray, in the District Court of Arecibo, involving a claim to joint ownership, José Peruchet Castell and Francisco Gumersindo Díaz, the latter as assignee of Curbelo, having also intervened.

This is an action brought in the District Court of Arecibo by Gregorio Kninlan, plaintiff, against Gumersindo Meléndez, defendant, for the recovery of a debt; which case is pending before us on appeal in cassation for error of law, now ordinary appeal, taken by Kninlan from the judgment rendered by said court. The party appellant was represented in this Supreme Court by Attorney Rafael López Landrón, the respondent having failed to appear.

A hearing was had of the present administrative appeal taken by Attorney Ramón Falcon, on behalf of Francisco An-tongiorgi, from a decision of the registrar of property of San Germán refusing to admit a deed of sale of a rural estate to record.

This is a proceeding instituted in the District Court'of San Juan at the instance of Attorney Santiago B. Palmer, as the representative… Held: the parties alleged such matters as were deemdd by them conducive to their rights. “Apart from the fact that the petition instituting the proceedings does not state whether or not the petitioner has a written title, but does set forth that he has a recorded title (which is not the same thing, since he may be without a recorded title…

This is a proceeding instituted in the District Court of San Juan, at the instance of Leandro Tapia Santana to obtain a declaration of ownership of a rural estate, pending before us on an appeal taken by the attorney for the petitioner from the judgment rendered by said district court, which reads as follows: “Porto Rico, June 30, 1903.

This is a proceeding instituted in the District Court of San Jnan by Attorney Emigdio S. Ginorio, on behalf of Casi-miro Dávila y Rodríguez, for the purpose of establishing the ownership of a rural estate. The case is pending before ns on an appeal taken by the petitioner from the judgment rendered by the said district court, which reads as follows: “San Juan, Porto Rico, June 1, 1903.

Appear from the District Court of San Jnan. STATEMENT OE THE CASE. Held: after service of citation- upon the Fiscal, the attorney for the petitioner appeared and alleged such matters as he deemed proper in support of his claim. ‘ ‘ The examination of the witnesses held does not fulfill the requirements upon which to base a rational opinion regarding the establishment of ownership in law, since the…

This is a proceeding instituted in the District Conrt of San Jnan at the instance of Attorney Emigdio S. Ginorio, on behalf of Jacinto Fernández Encarnación, to obtain a declaration of ownership of a rural estate, which case is pending before ns on an appeal taken by the petitioner from the jndg-. ment rendered by the said district conrt, which reads as follows : “Porto Rico, June 18, 1903.

This is a proceeding instituted in the District Cour “Porto Rico, June 30, 1904.

This is a proceeding instituted in the District Court of San Juan at the instance of Attorney Emigdio S. Ginorio, on behalf of Sergio Calzada Ferrer, for the purpose of establishing the ownership of a rural estate. The case is pending before us on an appeal taken by the petitioner from the judgment rendered by the said district court, which reads as follows: “Porto Rico, June 17, 1903.

ApelaoiÓN procedente de la Corte de Distrito de Arecibo. EXPOSICION DEL CASO.

This is a proceeding instituted in the District Court of Areeibo by Attorney José E. Benedicto, as the representative of The Candelaria Fruit Company, of San Juan, for the purpose of causing an investigation (to be made as to the ownership of a rural estate. The case is pending before us on an appeal taken by the representative of the claimant company from the judgment rendered by the .said district court, which reads as follows: “Arecibo, October 2, 1903.

This is a proceeding instituted in the District Court of San Juan by Juan Figueroa y Campos, ito obtain a declaration of ownership of a rural estate, which case is pending before us on an appeal taken by the petitioner from the judgment rendered by (the aforesaid district court, which reads as follows: “Porto Rico, March 9, 1903.

This is a proceeding instituted in the District Court of San Juan by Attorney Luis Freyre Barbosa, on behalf of Juan José Cesáreo Kuinlan, fox the purpose of establishing the ownership of a rural estate, which case is pending before us on appeal taken by the petitioner from the judgment rendered by aforesaid district court, which reads as follows: “Porto Rico, September 1, 1903.

<p>Appeal — Bill op Exceptions. — In the absence of a bill of exceptions, and it not appearing from the reeord that any error has been committed, the judgment appealed from must be affirmed. '</p>