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6 P.R. 441

Rivera v. Rivera

Supreme Court of Puerto Rico

Decided May 5, 1904

Supreme Court of Puerto Rico · decided 1904-05-05

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…

Decided 1904-05-05

Mr. Justice Figueras,

¶1after stating the foregoing facts, delivered the opinion of the court.

¶2We accept the findings of fact and the conclusions of law contained in the judgment appealed from, with the exception of the last conclusion of law.

¶3The defendant has not appealed from the judgment of the *449District Court of Mayagüez, in so far as the same provides that there shall he no special imposition of costs, nor has he joined in the appeal, on this point, taken by one of the defendants, for which reason, in accordance with law, the decision of the court below upon that point should be sustained.

¶4In view of the authorities cited in the judgment appealed from, and articles 358 and 371 of the Law of Civil Procedure, we adjudge that we should affirm and do affirm the judgment rendered by the District Court of Mayagüez on December 24, 1901, sustaining the complaint in the action of unlawful detainer filed by Juan E. Eivera, as well as the other findings; of the court below in this case, and the costs of the appeal' are hereby taxed against the appellant, Miguel Eivera. The-record herein is ordered to be returned to the court below,, together with the proper certificate.

Chief Justice Quiñones and Justices Hernández, Sulz-bacher and MacLeary concurred.
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