Peña de Balbás v. District Court of San Juan
Peña de Balbás v. District Court of San Juan
Opinion of the Court
delivered the opinion of the court.
In the District Court of San Juan and in the proceedings for execution of the judgment rendered for the plaintiffs by that court in an action brought by Lorenza Peña de Balbás
On June 29th last, after hearing the pleadings and the evidence, the court, through Judge Sepulveda, overruled the motion. It would seem advisable to remark here that this decision implied the acquittal of the defendant of a charge of contempt which the plaintiffs had also brought against him.
On the 1st of July following, the regular vacation of the District Court began and Judge Berga, who is one of its judges, remained sitting as in vacation for the transaction of any business that might come up during that period, and on the 5th of the said month the plaintiffs applied to him for a reconsideration of the decision of Judge Sepulveda. Judge Berga refused to act and directed the clerk of the court to inform Judge Sepulveda of the motion at the end of the vacation on August 31st, 1929.
Thereupon the plaintiffs filed in this court the petition herein for a writ of mandamus commanding District Judge Berga to entertain and decide the motion for reconsideration submitted to him.
We think that in extraordinary cases a judge may reconsider a ruling from another judge of the same court. In the present case, however, Judge Berga did not refuse to act for want of jurisdiction but because the court was in vacation and also because the attending circumstances warranted such refusal. His attitude is fully justified by these circumstances.
The logical and proper thing is for the same judge who rendered the decision to hear a motion to reconsider it. Furthermore, this was not the case of a summary order but of one made after hearing evidence and carrying with it the acquittal of a charge of contempt; and, lastly, the court was in vacation.
The petitioner complains of delay in the administration of justice, but it should be remarked that although vacations
The application for the writ must be denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.