Buxó v. Sellés Roldán
Buxó v. Sellés Roldán
Opinion of the Court
delivered the opinion of the court.
In this case judgment was rendered on March 13, 1934, ordering the defendants to pay to the plaintiff the sum of $800, with costs. On March 15, 1934, the defendants were notified of this judgment, and on April 17 of the same year they took an appeal therefrom. The plaintiff says that the term of 30 days in which to appeal from said judgment expired on April 14 of the present year, and, since it may not he extended because it is a jurisdictional term, the appeal taken by the defendants should be dismissed.
Under date of April 20, 1934, the clerk of the District •Court of Humacao certified that notice was served on the defendants of the judgment rendered against them, “and a copy of the said notice attached to the record. ’ ’ The defendants argue that the date on which the notice of the judgment was filed does not in any way appear from this certificate and that, as the term for appeal is counted from the date on which the said notice is filed by the clerk of the court with the record of the case, the dismissal does not lie inasmuch as the appeal was taken before the term to appeal fixed by law had expired.
The motion to dismiss must be denied.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.