Montalvo v. Soto Nussa
Montalvo v. Soto Nussa
Opinion of the Court
delivered the opinion of the court.
Prom the long and confused .petition for a writ of certio-rari presented in this case the -following may be deduced:
In view of the foregoing facts, can it be concluded that this is a case reviewable by means of a writ of certiorari? We will see.
The jurisdiction of the District Court of Aguadilla to inquire into and punish the contempt which may have been committed is unquestionable. The proceedings-followed, as set out in the petition itself, are not erroneous. The court was notified of what had occurred. It was a case of an order issued for the execution of a final judgment and of a refusal to obey that order. The delinquents were given an opportunity to show cause why they should not be punished for contempt. For that purpose a hearing was had at which they appeared and introduced evidence. The court considered the facts and the law and rendered a judgment acquitting one of them and finding the other guilty and the sentence imposed is within the limit authorized by the statute. Therefore, as
Some of the errors assigned and some of the allegations made by the petitioner in his application are foreign to the real question at issue and others are out of place in an extraordinary recourse of certiorari. In cases of this nature we are called upon only to inquire whether the lower court acted within its jurisdiction and followed the proper procedure of law. The weighing of the evidence and of the other circumstances of the case rests, as a general rule, with the trial court. The petition should be denied.
Petition denied.-
Case-law data current through December 31, 2025. Source: CourtListener bulk data.