Successors of José Martínez v. Tomás Dávila & Co.

This appeal, at the threshold, involves the right of the -respondent to have obtained a judgment on the pleadings. ‘There was a complaint and an answer but the court found *80the answer insufficient and rendered judgment in favor of the complainant. This question was discussed and settled in the case of Horton et al. v. Robert, 11 P. R. R., 181. It has been the custom of the courts of this Island since the Code of Civil Procedure of 1904 went into effect to render these judgments. In the case of an insufficient answer such judgments may be likened to judgments by default inasmuch as, if the…