Pabón v. Registrar of Property of Mayagüez
Pabón v. Registrar of Property of Mayagüez
Opinion of the Court
delivered the opinion of the court.
In the Registry of Property of Mayagüez the appellant presented a writ of attachment issued by a municipal court for $475 as principal and $75 for interest and costs to secure the effectiveness of the judgment to he rendered in the action.
The registrar refused to record the attachment on the ground that the municipal court had no jurisdiction to issue it because the amount of the attachment exceeded $500, and assigned as a curable defect that the document on which the attachment originated had not been included or presented separately. The interested party was notified thereof on the 8th of December and on the following day he again presented the writ of attachment together with a certified copy of the complaint, from' which it appeared that it was sought to recover the sum of $475 plus legal interest thereon from the filing thereof, and the costs. The registrar on the same day denied the conversion of the cautionary notice entered by him of the attachment into a final record because in his opinion the complaint confirmed rather than disproved the existence of the incurable defect which he had before noted, whereupon the present administrative appeal was taken two days after the second denial.
Section 4 of the Act of March 10, 1904, reorganizing the
The complaint presented to the registrar also corrects the curable defect assigned by him; therefore the cautionary notice should have been converted into a final record.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.