Decisiones de Puerto Rico; Casos Resueltos Por El Tribunal Supremo de Puerto Rico Volume 24

Decisiones de Puerto Rico; Casos Resueltos Por El Tribunal Supremo de Puerto Rico Volume 24

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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. 1917 edition. Excerpt: ...arraignment and Soto, who was at liberty on bail, failed to appear. Thereupon the sureties were summoned and having failed, in the opinion of the court, to show suflicient cause to justify the default of the defendant, it was ordered that the hail he considered forfeited. They moved for a recon sideration, the court overruled the motion and they appealed to this court. Included in the transcript of the record is a statement of the case from which it appears that the reason given by the sureties for the defendant's failure to appear was that he was sick. The sureties testificd at the hearing to which they had been summoned, but it appears that the court gave their testimony no credence. The fact that the defendant failed to appear is manifest, and as the appellants have not shown that the court abused its discretional power in attaching no weight to their testimony, the judgment appealed from should be afiirmed. The sureties exhibited with their motion for reconsideration a physician's certificate stating that the defendant was sick on the date on which he was summoned to appear before the court. They claimed that the said certificate was presented to the municipal judge of Vieques at the proper time, but that "due to the conditions existing at that place he did not deliver it to the sureties or send it to the district court in time." The court also refused to accept this excuse as suflicient and overruled the motion for reconsideration. The same reasons already stated are applicable here. We cannot substitute our opinion for that of the trial judge. He heard the testimony of the appellants and was in a better position than we are to decide as to the credibility which should be given to their testimon_v. The...
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Product details

  • Paperback | 360 pages
  • 189 x 246 x 19mm | 644g
  • United States
  • English
  • black & white illustrations
  • 1236752430
  • 9781236752437