Decisiones de Puerto Rico; Casos Resueltos Por El Tribunal Supremo de Puerto Rico Volume 23

Decisiones de Puerto Rico; Casos Resueltos Por El Tribunal Supremo de Puerto Rico Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...bags of sugar. The court, upon consideration of the motion of the defendants and their giving a bond for $1,200, granted the motion to dissolve the attachment. On November 16, 1914, the complainants filed a motion directed to the secretary of the District Court of Ponce requesting an entry of default; first, because the defendants, through their agent, Calvin Dietrick, had been duly served with process, and, second, because by the appearance made to dissolve the attachment the defendants had waived the necessity of a service. ' ' On January 5, 1915, the secretary of the district court made an entry of default based on the ground that the (le fendants had been duly served by service on their agent in San Juan, Calvin Dietrick, without the defendants' having answered within the time fixed by law so to do. On January 30, 1915, the court rendered judgment wherein it recited briefly the substance of the complaint, the fact of the entry of default, the proof at the trial, and adjudging the amount of $1,000 and costs to the complainants. On March 25, 1915, the defendants filed a motion asking that the court annul all the proceedings had after the issuance of the summons in the case because the court had never acquired jurisdiction over the person of the defendants. In the consideration of a judgment obtained by default the burden is strictly upon the complainant to show that the court acquired jurisdiction over the person of the defendant. The facts of the complaint cannot be taken for granted to show jurisdiction, but must be proved. The complaint alleged, and at the trial it was shown, that Calvin Dietrick was the agent of the defendants who made the contract with the complainants in which the defendants are alleged to have ' defaulted, ...show more

Product details

  • Paperback | 368 pages
  • 189 x 246 x 19mm | 658g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236934954
  • 9781236934956