Marchán Sicardó v. Fernández Porrero
Marchán Sicardó v. Fernández Porrero
Opinion of the Court
delivered the opinion of the court.
Bernardo Fernández Porrero, who, upon his death, was substituted by his widow and his heirs, acquired by assignment a judgment credit against José Martínez Llonin, and when the sale of the defendant’s property in execution of the judgment was advertised, a stay of execution was granted by the District Court of San Juan. Such stay of execution has given rise to the present appeal.
The appellant has not filed his brief in tliis appeal, but in another appeal, No. 6408, that was pending in this court and involved the same parties, the litigants agreed, with the approval of this court, that the brief filed in the second appeal should serve for both appeals. Indeed, one of the grounds
In the other case, numbered 6408, which was No. 4585 in the lower court, the appeal was taken because the district court, at the instance of the defendant Martinez Llo-nin, had appointed a receiver to take possession of certain property and keep it in his custody until a certain appeal was decided. As a consequence of such appointment of a receiver, and on motion of Martinez Llonin, judgment debtor, the court ordered a stay of the auction at which part of that property was to be sold to satisfy the judgment.
It is not a question to be decided now whether or not the appointment of a receiver was proper, because that was the question in the other appeal, which was dismissed. The only question involved in the present appeal is whether the lower court erred in ordering a stay of the advertised auction at which property was to be sold to satisfy a final judgment.
To obtain such stay, Martinez Llonin alleged the said appointment of a receiver; that the marshal had attached part of the property included in the receivership, and that the sale thereof would hinder the receiver’s possession and preservation of the same and would interfere with the jurisdiction of the court over said property. On the same day that that motion was filed, the district court, for the reasons stated in the motion and without hearing the opposite party, ordered the stay of the execution to which we have referred, until the further order of this court.
The decision appealed from must be reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.