Franceschi v. Mercado
Court of Appeals for the First Circuit
Appeal from the Supreme Court of Porto Rico. Suit by Alejandro Franeeschi and others against Mario Mercado e Hijos-, From a decree of the Supreme Court of Porto Rico reversing a decree of the'District Court in favor of plaintiffs, they appeal.
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Appeal from the Supreme Court of Porto Rico. Suit by Alejandro Franeeschi and others against Mario Mercado e Hijos-, From a decree of the Supreme Court of Porto Rico reversing a decree of the'District Court in favor of plaintiffs, they appeal. The opinion of the Supreme Court of Porto Rico, delivered by Mr. Justice Aldrey, was as follows: In the year 1884 the partnership of Antonsanti & Franeeschi, composed of Francisco Antonsanti and J. Angel Francesclii and doing business in the town of Guayanilla, mortgaged their “Rufina” plantation to Dionisio Torres Figueroa to secure the payment to him…
1Per curiam
[5, 8] We think the motion to dismiss the appeal should be denied for the reason that the judgment of the Supreme Court of Porto Rico dismissing the suit for want of capacity in the plaintiffs to prosecute it was a final judgment from which an appeal would lie to this court. We also think the right to prosecute the appeal was not waived, even though the plaintiffs, appellants, after taking the appeal, may have applied to the District Court of Ponce and obtained an order extinguishing the bankruptcy proceeding for want of prosecution and have since brought a second suit against the defendants,…
2Cited by3 opinions
- Franceschi v. Sociedad Civil AgrícolaSupreme Court of Puerto Rico · 1933
- Franceschi v. MercadoSupreme Court of Puerto Rico · 1933
- Heirs of Franceschi v. Mercado e HijosSupreme Court of Puerto Rico · 1930