Guadalupe Guadalupe v. Rodríguez

Mr. Justice Todd, Jr.,

dissenting.

I dissent. I consider that the judgment by default entered by the clerk in case No. 14,749 is void, as he had no . authority to enter it, under the first subdivision of § 194 of the Code of Civil Procedure. Besides, I believe that the judgment entered in the case E. Rubio and Sons v. Carrasco, 26 P.R.R. 225, was rightly rendered and should not be reversed-. Said case, as well as many others decided by this Court, did *926but strengthen locally the ruling on an account stated according to the American Law, which establishes a new cause of action based upon a…