Rossy v. del Valle Zeno

In this case after the trial had begun a motion to strike certain clauses of the complaint was presented, not in writing, but orally. The motion was granted, a short leave was given to plaintiff to amend, and when he did not do so judgment was rendered for the defendant. The plaintiff appealed.

Before another judge of the District Court of San Juan a demurrer to the complaint was overruled. When the motion to strike was presented the plaintiff himself maintained that the said motion was equivalent to the demurrer previously presented. The court then relied on Rivera v. Rivera, 31 P.R.R. 428,…