Carlo v. District Court of Aguadilla

58 P.R. 889
CourtSupreme Court of Puerto Rico
DecidedJune 16, 1941
DocketNo. 1250
StatusPublished

This text of 58 P.R. 889 (Carlo v. District Court of Aguadilla) 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
Carlo v. District Court of Aguadilla, 58 P.R. 889 (prsupreme 1941).

Opinions

Me. Justice De Jesús

delivered the opinion of the Court.

To secure the judgment that might he rendered in a suit brought by Manuel A. García Méndez against petitioner herein, Simón Carlo, claiming the amount of $2,799.85, the lower court after the bond demanded had been given, on February 21, 1941, issued the following order:

“After examining the preceding motion, the court orders the attachment of properties of the defendant of sufficient value to cover the quantities claimed, and bond must be given in the sum of $1,000, because the debt does not appear from an authentic document.”

On the same day the clerk of the lower court issued the proper writ to the marshal of the District Court of Maya-giiez, and by a document dated February 19, the attorneys for' the plaintiff instructed the marshal “to attach every right, title, interest or participation that the defendant [891]*891Simón Carlo may have in the foundry shop ‘Simón Carlo’, situated in Mayagüez, Puerto Rico, -with all its contents, closing the same and appointing José Pascual Ortiz as depositary. ’ ’

On March 21, 1941, the marshal executed said writ, attaching the following properties as follows:

‘ ‘ Every right, title, share or interest that the defendant may have in the foundry shop ‘Simón Carlo’ situated in Mayagüez, in Santiago Yeve Street, with all the stock contained therein, closing the same, nailing down all the doors and windows with bars, in such a manner that to obtain entrance into the building, the bars will have to be removed or broken.”

Following the instructions given by plaintiff’s attorney, the marshal appointed José Pascual Ortiz depositary of the attached property, and on March 24 notified the defendant of the attachment serving him with copy of the writ.

At this stage, on March 28, the plaintiff filed a sworn motion in the lower court wherein he stated to said court that after the levying of the attachment, the defendant, in violation of the same, broke into and opened the foundry shop that had been attached, entered the building and started doing business once more, making use of the objects and machinery which had been attached and paying no attention io the aforesaid order issued to secure the judgment; that the defendant was requested, by the depositary, to abandon the place, to close it, and to abstain from' returning to it, which he refused, and the plaintiff states that this conduct tends to obstruct the administration of justice, to discredit the court and to prejudice him in the exercise of his action.

On the same day, March 28, the trial judge rendered an order, the executory part of which is as follows:

‘‘Therefore, the clerk is ordered to issue a writ addressed to the marshal of the District Court of Mayagüez ordering him to execute at once the decree of this court of March 19, 1941, closing the Simón Carlo foundry shop in Mayagüez, P. R, making entrance to the same impossible, nailing down its doors and making use of all the neces[892]*892sary force for the due enforcement of the aforesaid order; and it is also ordered that the defendant Simón Carlo, be summoned to appear before this court at ten o’clock in the morning of April 4, 1941, to state the reason why he should not be punished for contempt or for failing to obey the order of this court. The clerk of this court will issue a writ addressed to the marshal of the District Court of Ma-yagüez in accordance with what has been stated, and this «order will be totally copied in said writ, and the marshal of the District of Ma-jagiiez will proceed to execute it at once.”

The order aforesaid was executed on March 31, and on April 4 the defendant filed a motion for the removal of the case to the District Court of Mayagüez, because the action was a personal one and he was a resident of the District of Mayagüez. In answer to the order to show cause why he should not be punished for contempt, the defendant, by motion filed April 4, after making an exposition of the case, alleged:

“That the defendant, to prevent incurring in contempt of this Hon. Court, and to comply with the order summoning him to appear on April 4, 1941, and without prejudice to the motion for removal which has been filed, alleges the following reasons, whereby he cannot be punished for contempt to this Hon. Court:
“ (A) Because since the defendant Simón Carlo has requested the removal of the instant ease to the District Court of Mayagüez, which is the court of his domicile, this court has no jurisdiction over the case until the motion for removal is decided.
“(B) Because the order of this court, which it is alleged was disobeyed and which was issued on March 19, 1941, merely ordered the attachment of sufficient property of the defendant to cover the amount claimed, but in no manner whatsoever ordered that the defendant Simón Carlo be deprived of his right to freely enter his property and to continue his foundry shop business, situated in Maya-güez.
“(C) Because the order of the court dated March 28, 1941, decreeing that the business of the defendant Simón Carlo be closed, that entrance to the foundry shop be prohibited and that the doors be nailed down, by force, is a null and void order, issued without jurisdiction thereof and in violation of the laws of Puerto Bico, and said order being null and void, the defendant Simón Carlo is not [893]*893bound to fulfill it, and said nullity consists in that the procedure for attachment followed by the marshal of the District Court of Ma-yagüez, by petition of the defendant Manuel A. García Méndez, is contrary to the provisions of the Code of Civil Procedure, which establishes the manner in which attachments may be executed in Puerto Bieo. ”

The hearing set for April 4 having been heard, and the parties having consented to give the court all the time necessary to' study and decide the issue, it rendered judgment on May 13, finding the defendant guilty of contempt, ordering him to pay a three-dollar fine or to go to jail one day for every dollar not paid, and costs, and also ordering the marshal to maintain in effect the order of the court as to the aforesaid attachment.

On the same day the defendant filed a pleading in the lower court wherein he gave notice to the clerk and to the plaintiff by the latter’s attorneys, “that not being satisfied . . . with the judgment . . . which finds-him guilty of contempt and imposes a three-dollar fine or three days in jail . . . appeals from the judgment rendered to the Supreme Court of Puerto Rico ... ”, and three days later filed in ¡this Court the present petition of certiorari, in which after stating the circumstances which we know, ends with the prayer that a peremptory writ of certiorari be issued annulling all the proceedings which have taken place in the case at bar.

The writ was issued and at the hearing only the attorneys for the defendant in the main suit were present, and they argued, orally and in writing.

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

Cite This Page — Counsel Stack

Bluebook (online)
58 P.R. 889, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carlo-v-district-court-of-aguadilla-prsupreme-1941.