Legal Opinion

West India Oil Co. (P. R.), Inc. v. De Castro

Supreme Court of Puerto Rico

Decided January 20, 1938No. 7631Published

1Opinion of the CourtJustice Hutchison

The first ground of appellee’s motion to dismiss is that the notice of appeal was not filed within ten days from the filing of a notice of a decree of permanent injunction. In Mattei v. Badillo, 20 P.R.R. 231, this Court held that:

“A decision disposing of injunction proceedings to recover the possession of real property, as provided for by Act No. 43 of March 13, 1913, partakes of the character of a judgment and the period for appealing therefrom is thirty days, the period of ten days allowed by Section 295 of the Code of Civil Procedure, subdivision 3, not being applicable.

See also Lebrón v.…

2Cases cited5 opinions

  1. Richmond v. AtwoodCourt of Appeals for the First Circuit · 1892
  2. Donaldson's Heirs v. City of New OrleansSupreme Court of Louisiana · 1927
  3. Arnold v. SinclairMontana Supreme Court · 1892
  4. Miller & Co. v. GibbsSupreme Court of Georgia · 1926
  5. Hamner v. GarrettCourt of Appeals of Texas · 1910

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