Alvarez v. García

Supreme Court of Puerto Rico

Alvarez v. García

42 P.R. 846

CourtSupreme Court of Puerto Rico

DecidedNovember 20, 1931

DocketNo. 5592

StatusPublished

This text of 42 P.R. 846 (Alvarez v. García) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvarez v. García, 42 P.R. 846 (prsupreme 1931).

Pincite

Opinion

Mr. Justice Aldrey

delivered the opinion of the Court.

This is a mandamus proceeding wherein the lower court by a final judgment denied the petition, without special imposition of costs.

The petitioner appealed from the judgment, and subsequent to the filing of the briefs, the respondents have moved us to dismiss the appeal on the ground that our decision on the merits would be academic.

This proceeding was instituted to compel the Mayor and the Municipal Assembly of Isabela to include in its budget for the fiscal year 1930-31 an appropriation for a certain claim existing against said municipality. At the present time such an inclusion would be unavailing, as the said fiscal year has expired, and consequently no practical purpose would be served by a review of the judgment. Therefore, the appeal must be dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Mr. Justice Aldrey

delivered the opinion of the Court.

This is a mandamus proceeding wherein the lower court by a final judgment denied the petition, without special imposition of costs.

The petitioner appealed from the judgment, and subsequent to the filing of the briefs, the respondents have moved us to dismiss the appeal on the ground that our decision on the merits would be academic.

This proceeding was instituted to compel the Mayor and the Municipal Assembly of Isabela to include in its budget for the fiscal year 1930-31 an appropriation for a certain claim existing against said municipality. At the present time such an inclusion would be unavailing, as the said fiscal year has expired, and consequently no practical purpose would be served by a review of the judgment. Therefore, the appeal must be dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

42 P.R. 846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-garcia-prsupreme-1931.