Legal Opinion · Concurrence

Fajardo Sugar Co. v. Santiago

Supreme Court of Puerto Rico

Decided December 23, 1913No. 1012Published

Appeal from the District Court of San Juan, Section 1, in injunction proceedings.. The facts are stated in the opinion.

1Concurrence

CONCURRING OPINION OP

MR. JUSTICE DEL TORO.

A majority of the justices composing this court are of the opinion, in brief, that the order appealed from should he' affirmed on the grounds on which the trial judge expressly based his decision; that is, because the time fixed by section 299 of the Code of Civil Procedure, as amended by Act No. 70 of 1911, having expired, the district court had no authority to approve the bill of exceptions and statement of facts, and they conclude that section 140 of the Code of Civil Procedure, cited by the appellant, is not applicable to' cases of this kind.

In my…

2Cases cited4 opinions

  1. Stonesifer v. KilburnCalifornia Supreme Court · 1892
  2. Kaltschmidt v. WeberCalifornia Supreme Court · 1904
  3. Baker v. BorelloCalifornia Supreme Court · 1901
  4. Sprigg v. BarberCalifornia Supreme Court · 1897

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