Sánchez López v. Gutiérrez

Supreme Court of Puerto Rico

Sánchez López v. Gutiérrez

69 P.R. 517

CourtSupreme Court of Puerto Rico

DecidedFebruary 9, 1949

DocketNo. 9819

StatusPublished

This text of 69 P.R. 517 (Sánchez López v. Gutiérrez) 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

Sánchez López v. Gutiérrez, 69 P.R. 517 (prsupreme 1949).

Pincite

Opinion

Per Curiam:

The plaintiff filed an action for divorce against the appellant on the ground of separation for more than three years. According to the evidence, which consisted exclusively on the testimony of the plaintiff, they were separated in 1921 and in 1923 he moved to the city of New York where he has been residing ever since.

The defendant prayed for the dismissal of the complaint for lack of cause of action, alleging that the provisions of § 97 of the Civil Code to the effect that “. . . unless the act on which the suit is based has been committed in Porto Rico,” require the spouses to live in Puerto Rico during the three years of separation provided as a ground for divorce'.

This contention is entirely frivolous. What the statute requires is that the separation, that is, the act of separating, takes place in Puerto Rico.

The judgment will be affirmed.-

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Per Curiam:

The plaintiff filed an action for divorce against the appellant on the ground of separation for more than three years. According to the evidence, which consisted exclusively on the testimony of the plaintiff, they were separated in 1921 and in 1923 he moved to the city of New York where he has been residing ever since.

The defendant prayed for the dismissal of the complaint for lack of cause of action, alleging that the provisions of § 97 of the Civil Code to the effect that “. . . unless the act on which the suit is based has been committed in Porto Rico,” require the spouses to live in Puerto Rico during the three years of separation provided as a ground for divorce'.

This contention is entirely frivolous. What the statute requires is that the separation, that is, the act of separating, takes place in Puerto Rico.

The judgment will be affirmed.-

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Bluebook (online)

69 P.R. 517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-lopez-v-gutierrez-prsupreme-1949.