Wilson v. Municipality of Arecibo
District Court, D. Puerto Rico
1. An order of court refusing to allow plaintiff to file his case because certain prerequisites had not been complied with is not an adjudication of the rights of the parties. 2. The statute of limitation does not run in favor of one maintaining a nuisance.
1Opinion of the Court
Robey, Judge,
delivered tbe following opinion:
Some time since, in a somewhat lengthy opinion, we overruled a demurrer filed in this cause by the respondent, and stated that, under all the circumstances of the case, we would follow the practice adopted hy the Supreme Court of the United States in a cause that is still pending therein, known as the Kansas-Colorado Water Rights Case [ 185 U. S. 125, 46 L. ed. 838, 22 Sup. Ct. Rep. 552] ; that is, we would call for "a complete answer and entire proofs, so as to be able intelligently to pass upon the question as to whether or not a nuisance is in…
2Cases cited7 opinions
- Hughes v. United StatesSupreme Court of the United States · 1866
- Kansas v. ColoradoSupreme Court of the United States · 1902
- Chapman v. . City of RochesterNew York Court of Appeals · 1888
- Homer v. BrownSupreme Court of the United States · 1854
- Badger v. BadgerU.S. Circuit Court for the District of Massachusetts · 1859
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