Torres Bonet v. Asencio
Torres Bonet v. Asencio
Opinion of the Court
delivered the opinion of tlie Court.
In a petition for injunction filed in the District Court of Mayagüez by Carlos Torres Bonet against Delia Asencio- and Domingo Falagán, in Ms capacity as attorney-in-fact of Pablo Falagán González, the prayer was to order said attorney-in-fact- to restrain from recognizing defendant Delia
The defendants answered the complaint and filed a motion seeking its dismissal for insufficiency. After a hearing' the district court granted said motion and decided that, “the petition for injunction, such as it reads, does not contain sufficient facts to issue the injunction pendente lite sought by plaintiff and consequently the petition is denied.” Feeling aggrieved, the plaintiff appealed and alleges that the lower court erred in denying his petition.
From the averments of the complaint it merely appears that the plaintiff acquired by purchase the business and equipment of the establishment “El Nilo”, but there is no allegation whatsoever tending to show that as to the lease of the premises the attorney-in-fact of the owner had made any agreement whatsoever with him. The only allega
As we held in Bianchi v. Bianchi, 41 P.R.R. 793, copying from the syllabus: “As a general rule an injunction will not issue to transfer the possession of land, but there are certain well recognized exceptions” and the instant case does not fall within the exceptions that refer to cases where, by the nature of the wrong done, the damages caused would be irreparable and the recovery of compensation would be an inadequate remedy. Neither does this case present a situation where a lessor attempts to interfere illegally with the possession of his lessee. Cf. Ross v. Overton, 226 Pac. 162; Roseberg v. American Hotel & Garden Co., 123 Atl. 717; Sullivan v. Vorenberg, 135 N. E. 165.
In Lacassagne v. Chapuis, 144 U. S. 119, 124 we find the rule which we consider applicable, thus:
“The plaintiff was out of possession when he instituted this suit; and by the prayer of this bill he attempts to regain possession by means of the injunction asked for. In other words, the effort is to restore the plaintiff, by injunction, to rights of which he had been deprived. The function of an injunction is to afford preventive relief, not to redress alleged wrongs which have been committed already. An injunction will not be used to take property out of the possession of one party and put it into that of another.”
Of course, this is not the case of an interdict to recover the possession which is governed by a special law, but a petition for a classic injunction wherein plaintiff had to allege a title or interest in the right or ownership which he
In our judgment, the lower court did not err in denying the injunction pendente lite. It should be noted that the lower court stated in its order that the complaint “as it reads ’ ’ was not sufficient to issue the injunction and notwithstanding this the plaintiff did not ask leave to amend it. Possibly his appeal shows that he was unable to do so.
Judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.