Legal Opinion

Perez v. Fernandez

Supreme Court of the United States

Decided April 23, 1906No. 1PublishedCited by 31 opinions

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF PORTO RICO. An action at law was begun November 18,1901,.in the United States District Court for the District of Porto Rico by the defendant in-error, José Perez y Fernandez, against José Antonio Fernandez y Perez, to recover in an action for “tresspass upon the case for wrongful attachment. ” The declaration contained the usual averments of a declaration in a common law action and averred that the…

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ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE DISTRICT OF PORTO RICO. An action at law was begun November 18,1901,.in the United States District Court for the District of Porto Rico by the defendant in-error, José Perez y Fernandez, against José Antonio Fernandez y Perez, to recover in an action for “tresspass upon the case for wrongful attachment. ” The declaration contained the usual averments of a declaration in a common law action and averred that the attachment had been issued maliciously and without probable cause, and levied upon a certain two-story house then belonging to…

1Opinion of the CourtJustice Day

This case was argued orally and upon briefs at the October term, 1903, of this court. After the case had been argued *91and submitted, on December 5, 1904, an order was entered as follows:

“No. 6. José Antonio Fernandez y Perez, Plaintiff in Error, v. José Perez y Fernandez. Counsel are requested to submit additional briefs on these points:
“1. Can this court, on the record of this case, properly consider and determine the contention of the plaintiff in error that a civil action like the present one was, at the date' of the attachment and the commencement of this action, unknown to and…

2Cases cited5 opinions

  1. Mansfield, Coldwater & Lake Michigan Railway Co. v. SwanSupreme Court of the United States · 1884
  2. Kepner v. United StatesSupreme Court of the United States · 1904
  3. Madisonville Traction Company v. Saint Bernard Mining CompanySupreme Court of the United States · 1905
  4. Thompson v. Railroad CompaniesSupreme Court of the United States · 1868
  5. Parker v. OrmsbySupreme Court of the United States · 1891

3Cited by31 opinions

  1. United States v. CorrickSupreme Court of the United States · 1936
  2. Chicago, Burlington & Quincy Railway Co. v. WillardSupreme Court of the United States · 1911
  3. Stratton v. St. Louis Southwestern Railway Co.Supreme Court of the United States · 1930
  4. Four Hundred & Forty-Three Cans of Frozen Egg Product v. United StatesSupreme Court of the United States · 1912
  5. Archie Bradsher Davis v. Peerless Insurance Co.Court of Appeals for the D.C. Circuit · 1958

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