Legal Opinion

Torres v. Ramírez

Supreme Court of Puerto Rico

Decided May 17, 1915No. 1258Published

Appeal from the District Court of Agnadilla in an Action for Malicious Prosecution. The facts are stated in the opinion.

1Opinion of the CourtJustice Wolf

The sole question raised in this case is the sufficiency of an averment of damages in a suit for malicious prosecution.

The court below sustained a demurrer to the complaint for lack of the averment of specific damages. The complaint' is as follows:

“Now comes the plaintiff, through his counsel Martinez & Besosa? and represents to the court:
“1. That plaintiff is over twenty-one years of age, a property holder and resident of Aguada, defendant being also of age, a property owner and resident of Aguadilla.
“2. That on January 29, 1914, defendant José Bamírez Pérez appeared in the Municipal Court…

2Cases cited6 opinions

  1. Grorud v. LosslMontana Supreme Court · 1913
  2. Olson v. HaggertyWashington Supreme Court · 1912
  3. Fine v. NavarreMichigan Supreme Court · 1895
  4. Hawkins v. CollinsAlabama Court of Appeals · 1912
  5. May v. RobertsonSupreme Court of Alabama · 1848

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