Amadée v. Pérez
Amadée v. Pérez
Opinion of the Court
delivered the opinion of the court.
This is a contested election case, originating in the village of Vieques in the judicial district of Humacao. The appellants allege that on May 4, 1911, they filed in the clerk’s office of the District Court of Humacao a complaint to annul
On the trial in the district court, the exceptions made by the defendant to the complaint were sustained by proper orders, and leave was at the same time granted to the plaintiffs to amend the complaint. The defendants, claiming that the question of amendment to the complaint was jurisdictional, brought the case to this Supreme Court by certiorari, and it was here tried and decided on June 26 last., This court then and there declared the certiorari to he well founded, and annulled the orders dictated by the District Court of Humacao on March 9 and May 28 of the current year, directing the trial court to proceed with the case in accordance with the principles established in the opinion of this court delivered at the same time that judgment was pronounced. , This judgment was communicated to the court below, and the court thereupon, on July 5 following, reciting in the said record the judgment of the Supreme Court, dismissed the. complaint of the plaintiffs with costs in favor of the defendants. Prom this judgment this appeal is prosecuted.
When the case was filed in this court, a.motion was made by the respondents to dismiss the appeal, on the ground that the action of the district court in rendering its judgment of July 5 was merely ministerial,, carrying out the.orders of the Supreme Court, and that no appeal would .lie from such an order. This motion was, overruled, the court holding that the District Court of Humacao was acting in a judicial capa? city and rendered its judgment in, the exercise thereof, and that the appeal should be.heard.. The .case was accordingly set down for hearing; and,- op .the second.-of., the,, current month, both parties, through their counsel, were heard in oral argument, and presented thpir briefs,., ....
But we must advert to the fact that in the record presented here for our consideration, the appellants have not formulated any bill of exceptions nor statement of the case, and have only presented to us á transcript of the record, properly certified by the secretary of the court below. We therefore find, on investigation, that the principal questions of fact and of law which are contained in this record now presented on appeal are the same which were discussed and decided by this Supreme Court in the certiorari proceeding, and no new matters are brought to our attention. Nor is any error assigned which is alleged to have been committed by the District Court of Humacao since the decision of this case on certiorari, nor is it shown that the court below should not have rendered the judgment which it did on July 5 last, in accordance with the decision of this court made a few days previously.
According to the opinion of this court delivered on April
Such being the aspect of the case as presented to us on this appeal, the judgment of the District Court of Humacao rendered herein on July 5 last was correct and should be in nil things affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.