Blasin v. Lopez Gonzalez

D. Puerto Rico

Blasin v. Lopez Gonzalez

9 P.R. Fed. 136

CourtDistrict Court, D. Puerto Rico

DecidedAugust 5, 1916

DocketNo. 1139

StatusPublished

This text of 9 P.R. Fed. 136 (Blasin v. Lopez Gonzalez) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blasin v. Lopez Gonzalez, 9 P.R. Fed. 136 (prd 1916).

Pincite

Opinion

Hamilton, Judge,

delivered the following opinion:

Motion is made for judgment, on the pleadings. This case is now on the equity docket because the remedy sought is of an equitable nature. There is no procedure authorized in equity for a motion for a judgment on the pleadings. That is under the local statute in law cases. In equity there are only demurrer, plea, or answer and motion to dismiss. This motion is not any of these. It is, of course, not a demurrer, and it is not a plea, and it is not a motion to dismiss for want of equity. It is not an answer because the plaintiff hardly wishes to stake his. whole case upon that one issue. It would rather be a plea than anything else. And besides, upon the merits it does not seem that the motion should be granted. It is rather doubtful in the mind of the court, and I would rather have the facts developed. So the motion is refused.

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

Hamilton, Judge,

delivered the following opinion:

Motion is made for judgment, on the pleadings. This case is now on the equity docket because the remedy sought is of an equitable nature. There is no procedure authorized in equity for a motion for a judgment on the pleadings. That is under the local statute in law cases. In equity there are only demurrer, plea, or answer and motion to dismiss. This motion is not any of these. It is, of course, not a demurrer, and it is not a plea, and it is not a motion to dismiss for want of equity. It is not an answer because the plaintiff hardly wishes to stake his. whole case upon that one issue. It would rather be a plea than anything else. And besides, upon the merits it does not seem that the motion should be granted. It is rather doubtful in the mind of the court, and I would rather have the facts developed. So the motion is refused.

Cite This Page — Counsel Stack

Bluebook (online)

9 P.R. Fed. 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blasin-v-lopez-gonzalez-prd-1916.