Mason v. White Star Bus Line, Inc.

53 P.R. 320
CourtSupreme Court of Puerto Rico
DecidedJune 22, 1938
DocketNo. 7562
StatusPublished

This text of 53 P.R. 320 (Mason v. White Star Bus Line, Inc.) 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
Mason v. White Star Bus Line, Inc., 53 P.R. 320 (prsupreme 1938).

Opinion

Me. Justice De Jesús

delivered the opinion of the court.

The complaint in this case was filed on January 30, 1933, and the district court rendered judgment on February 19, 1934, adjudging the defendant to pay to the plaintiff the sum of $2,429 as damages, together with costs, expenses, and attorney’s fees. The defendant appealed to this .court, which affirmed the judgment of the lower court on January 19, 1937. Mason v. White Star Bus Line, Inc., 50 P.R.R. 794.

The plaintiff then filed his memorandum of costs which included the following items:

Fees for service of summons_ $2. 00
Fees to the clerk_ 10. 00
Expenses in connection with the deposition of Rafael Rios, Jr.,- 16. 90
Expenses in connection with the deposition of Charles Duff 10. 00
Attorney’s fees- 1,000.00
Total-$1, 038. 90

The defendant appeared and opposed the memorandum of costs; it alleged:

{a) That items 3 and 4 regarding expenses of the deposition of witnesses Bios, Jr., and Duff should he reduced to $5 each in accordance with the provisions of subdivision 5, section 327 of the Code of Civil Procedure, as amended by Act No. 69 of May 11, 1936 (Session Laws, p. 352).

(b) That the court lacked jurisdiction to consider the memorandum of costs because said proceeding was not [322]*322authorized by any statute, inasmuch as section 339 of the Code of Civil Procedure, which provides the form and manner of fixing costs, and section 327 of the same code, which provides the form and manner of fixing the amount of attorney’s fees, as amended by Act No. 69 of May 11, 1936, in view of their procedural character have a retroactive effect and are therefore applicable to the present case, and the procedure prescribed in those sections has not b§en followed:

(c) Should the court conclude that it had jurisdiction to entertain this proceeding, the defendant furthermore attacked the item with regard to attorney’s fees on the ground that it was excessive under the circumstances of this case.

After the issue was thus joined, the lower court decided the controversy by an order of May 27 of last year. It asserted its jurisdiction to entertain the proceeding, as it considered that section 327 of the cited code, both in the form in which it was drafted at the time that the judgment of February 19, 1934, was rendered, and when this court affirmed such judgment, was not of an adjective or procedural •character, but of a substantive character, and that since costs were awarded under the terms of a prior statute, they have the nature of an obligation or debt forming part of the judgment. The court further held that even if section 327, as it reads at the present time, were considered to be of a procedural character, this could not alter the vested right acquired by the plaintiff under prior legislation, nor could it uffect his right to costs. It approved items 1 and 2 as un-attacked, reduced items 3 and 4 to $5 each and the attorney’s fees to $500, and approved the memorandum of costs for the total amount of $522.

It is from that order approving the memorandum of costs ihat the present appeal has been taken.

The appellant insists on the retroactive character of the sections cited, in order to arrive at the conclusion that the order appealed from should be reversed inasmuch as if those sections were to be applied as they were in force at the time [323]*323that the judgment was affirmed on January 19, 1937, the memorandum of costs would have been filed out of term and the attorney’s fees could not he fixed in the order approving the memorandum but in the judgment granting the costs themselves.

Both parties have filed extensive briefs in support of their respective positions, but in our opinion the solution of the problem is not difficult.

The general rule invoked by the appellant to the effect that laws of a procedural character have a retroactive effect and are applicable to cases pending at the time of their enactment as well as to future ones, is well established and universally accepted. But it is a golden rule within the field of interpretation of statutes that the paramount purpose of all rules of statutory construction is not to achieve some preconceived arbitrary objective, but to give effect to the legislative intent. Spicer v. Benefit Asso. R. E., 90 A.L.R. 517, 522. In harmony with that principle, the general rule invoked by the appellant, like all such rules, has an exception which is that no retroactive effect is given to a statute governing procedure when it appears expressly or by necessary implication from the law itself that such was not the intention of the lawmaker. Paulsen v. Reinecke, 97 A.L.R. 3184, 1186; Stallings v. Stallings, 148 So. 687, 689.

The principle above expressed is not new in this jurisdiction. In the case of Guerra v. Carrión, 47 P.R.R. 798, 800, this court quoted with approval from 59 Corpus Juris 3.173-1176, sections 700 and 701, from which citation we take the following paragraph:

“... The legislature has full control over the mode, times, and manner of prosecuting suits, and tohenever upon consideration of an entire statute relating to these matters, it appears to have been the legislative intent to make it retroactive, it will be given this effect (Italics ours.)

Becently in the case of Zayas v. Molina, 50 P.R.R. 619, this court cited with approval a paragraph of the opinion [324]*324of the Supreme Court of Oklahoma in the case óf Shelby-Downard Asphalt Co. v. Enyart, 170 Pac. 708, -which reads as follows:

“Hence, under the well-established rule that a statute which applies to procedure only should be given a retrospective effect, unless it appears that the Legislature intended it should operate prospectively only, we think this act should be construed to embrace causes of action existing at the time the act went into effect, as well as those that should arise thereafter.”

Let us see now what was the legislative purpose in amending sections 327 and 339 of the Code of Civil Procedure by Act No. 69 of May 11, 1936.

Section 327, supra, as the same was in force on the date that the judgment of the lower court was rendered, in so far as pertinent, reads as follows:

“Section 327. Parties to actions or proceedings, including The People of Puerto Rico, are entitled to costs and expenses subject to the rules hereinafter provided.
“In all cases where costs have been allowed to one-party in an action or proceeding in a district court, said party shall, in the discretion of the district court, be entitled to receive from the defeated party an amount representing the value of the services of his attorney or a part of such amount; ...”

Section 339 of the said code, in force on the same date, reads, in its pertinent part, as follows:

“Section 339.

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Related

Stallings v. Stallings
148 So. 687 (Supreme Court of Louisiana, 1933)
Shelby-Downard Asphalt Co. v. Enyart
1918 OK 50 (Supreme Court of Oklahoma, 1918)

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53 P.R. 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-white-star-bus-line-inc-prsupreme-1938.