San Germán Charity Hospital v. Soto Nussa
San Germán Charity Hospital v. Soto Nussa
Opinion of the Court
The application was made to
who delivered the following opinion :
The report of Judge Soto Nussa in which he sets forth the reasons for his refusal to take action in the matter in question has also been examined.
Although the Code of Civil Procedure does not contain any provision which “specifically” defines the duties of district judges with reference to the disposition of the judicial matters of their respective territories, during the vacation term, it is evident that as the administration of justice cannot be neglected during said term, it is the imperative duty of judges to attend to the disposition of the matters of which they can take cognizance out of court, which include injunctions ; and, in view of their usual urgent character, the vacation term, which signifies only the closing of the sessions of the court during that term, cannot be made an obstacle thereto, as it does not relieve judges from the obligation of hearing the petitions made to them by the parties in matters of which they can take cognizance outside of the court room, in accordance with section 22 of the Code of Civil Procedure, as amended by the Act of the Legislative Assembly of this Island of March 8th last, and according to which the district
The application for a writ of mandamus made by Attorney Juan Hernandez Lopez in the capacity in which he appears, is granted, and it is consequently ordered that an order issue to the District Judge of Mayaguez to take such action on the application for an injunction made by coiinsel for the Charity Hospital of San G-erman as may be proper in law; and the attachment issued by the justice delivering this opinion on the balance of the purchase money of the house of Armando Badrena is dissolved; and it is ordered that the proper communication issue to the Treasurer of Porto Rico for his information and other purposes.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.