Stockholder's action for, see CORPORATIONS, 3.
Suit for, between partners, see PARTNERSHIP, 3.
Right to interest upon, see INTEREST, 2.
Right of, for injury to minor child, see PARENT AND CHILD, 1.
Parent's right of action for death or injury of minor employee, see PARENT
AND CHILD, 2.
Right of municipalities to sue and be sued, see MUNICIPAL CORPORATIONS.
Local procedure not binding upon United States courts when exercising
admiralty jurisdiction, see Courts, 6.
Suit in personam for negligent injury to employee of steamship company,
see DISTRICT COURT, 3.
1. A suit to recover damages for the death of one killed while engaged in
lightering freight from a steamship need not be prosecuted in ad-
miralty unless plaintiff seeks to libel the vessel. Lopez y Ros v.
New York & P. R. S. S. Co. 395.
2. Libel and forfeiture of a vessel for alleged violation of U. S. Rev. Stat.
§ 3095, U. S. Comp. Stat. 1901, p. 2025, providing for the forfeiture of
vessels under 30 tons burden, used in smuggling, does not lie, where
the master of such vessel brought into his home port, from a for-
eign one, a small amount of wearing apparel for his family's use,
without declaring the same, and was charged with smuggling, but,
on trial, was acquitted. United States v. The Joven Naulina, 29.
Fraud in procuring possessory title, see EQUITY, 6.
Fraudulent possessory title as cloud, see CLOUD ON TITLE, 2.
Annulment in equity of possessory title obtained by fraud, see PLEADING, 2.
Acts of one obtaining possessory title by fraud as binding on subsequent
purchasers, see VENDOR AND PURCHASER, 3.
Presumption of citation of landowner in proceedings for possessory title,
see EVIDENCE, 2.
1. A party with a better title under an unregistered conveyance is not
barred by a possessory title in less than twenty years Parés v.
J. Reynes & Co. 402.
2. Under the law "in force in Porto Rico, a possessory title, before the
time has elapsed to entitle its possessor to a dominion title (and
before that is done) has no final effect as to the better title, either
in favor of the person to whom it is issued or his assigns, and is
simply notice to the world that the person in whose favor it is is-
sued is holding adverse possession of the premises." Id.
3. A possessory title has no effect as against a person who should have
been cited in the proceeding in which it was obtained, but who was
not. Id.
Jurisdiction of district court to naturalize, see DISTRICT COURT, 14.
Declaration of intention.
Filing declaration of intention in municipal court, see COURTS, 4.
Sufficiency of declaration of intention to authorize naturalization by dis-
trict court, see DISTRICT Court, 15.
1. The declaration of intention to preserve Spanish citizenship, provided
for by the treaty of peace between Spain and the United States,
might be made for minors by their fathers or guardians, although
the minors, children of fathers born in the Peninsula, were them-
selves born in Porto Rico, and were residing there when the treaty
took effect. Martinez de Hernandez v. Casañas, 519.
2. A minor, resident of Porto Rico, whose father, a native of the Spanish
Peninsula, registered her name with his as a Spanish subject, within
a year following the promulgation of the treaty of peace between
Spain and the United States, is a Spanish subject, unless, since
coming of age, she has done something to change that status. Rod-
riguez y Pujals v. Argueso y Flores, 517.
3. A declaration of Spanish citizenship made by a husband, in conformity
with art. 9 of the treaty of peace between the United States and
Spain, carried with it the reservation of citizenship for his wife and
children. Rios de Rubio v. Burset, 189.
4. The declaration of an intention to become a citizen of the United States,
which is provided for by § 2165 of the Revised Statutes of the United
States (U. S. Comp. Stat. 1901, p. 1329), is not considered by Con-
gress or the courts of the United States of such a technical character
as to require the strict compliance which is always required in the
application for the final naturalization papers which may be issued in
such cases; and a substantial compliance with the law as to such pre-
liminary declaration, although subject to technical objection, is often
considered a sufficient compliance, inasmuch as the competent court,
upon the application for final admission papers, will carefully con-
sider all questions of informality or technical error in passing upon
such final application. Re Bonnet y Jaspard, 70.
5. A subject of the Republic of France, residing in Porto Rico, who took
an oath of allegiance and subscribed to a declaration of intention to
become a citizen of the United States, in the form prescribed by the
Revised Statutes of the United States, before the judge of a municipal
court of Porto Rico under the military government of the United
States in that island, on October 23, 1899, sufficiently complied with
the law to authorize the district court of the United States for
the district of Porto Rico, after the expiration of the time pre-
scribed by the Revised Statutes, to entertain an application for the
issuance of the final naturalization papers of such applicant. Id.
6. "Cédulas personales" issued by Spanish municipalities to persons domi-
ciled therein do not necessarily imply Spanish citizenship. Laborde
v. Laborde, 493.
7. A person born in Porto Rico and resident there when the peace protocol
was signed, but who removed to Spain before the treaty of peace was
proclaimed, returning to Porto Rico less than a year thereafter, and
who remained there several months, and then returned to Spain for
a year or more, and was domiciled there, holding a "cédula personal"
of the municipality wherein domiciled, but who swears that during
all of said time his intention was to be a citizen of Porto Rico, is
such still. Id.
8. A woman of Spanish citizenship, resident of Porto Rico, who marries a
citizen of Porto Rico, follows his citizenship, and becomes a citizen
of the latter country. Martinez de Hernandez v. Casañaз, 519.
Combination unlawful, although parties not actually in competition, see
CONSPIRACY, 4.
Enjoining acts in violation of, see INJUNCTION, 1.
Averments as to unlawful combination in restraint of trade, see DAM-
Setting out contract evidencing unlawful combination, see PLEADING, 4.
Staying execution for costs against parties not perfecting appeal, see EXE-
CUTION, 2.
1. An exception to a master's report, not insisted on at the argument, should
be overruled. Armstrong v. Alvarado, 33.
1. The Porto Rican law of civil arrest is not in contravention of the organic
act nor of any act of Congress. Rivera v. Cadierno, 355.
2. The issuing of an order of arrest in a civil case is discretionary with the
court. Id.
3. In an action for damages for an alleged breach of promise of marriage,
the court will not, before judgment, order the arrest of the defendant,
a resident of the jurisdiction, who is not shown to intend leaving
the same; who has not seduced plaintiff; and who is not alleged
to be concealing his property, nor to be insolvent, nor charged with
fraud, unless the breach of promise can be so considered. Id.
Liability of assignor of mortgage to assignee, see MORTGAGE, 2, 3.
Not within law prescribing conditions under which corporations may sue
and be sued, see CORPORATIONS, 1.
See MASTER AND SERVANT, 6.
Of property in action on tort, see DISTRICT Court, 4.
A possessory title which does not antedate the attachment under which
property was sold is not prior to the conveyance to the purchaser in
attachment. Parés v. J. Reynes & Co. 402.
Negligence of, as ground for filing bill of review, see REVIEW, 6.
Right of maker of note cited in supplementary proceedings to file bill of
interpleader, see INTERPLEADER, 1, 2.
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