1. ACTION-NATURE THEREOF.-The nature of an action brought in the district
court cannot be changed in the appellate court after it has been considered
and decided by the inferior court. Montilla v. Van Syckle et al., 154.

2. CIVIL AND CRIMINAL ACTION-CONTINUANCE OF TRIAL.-When an infringement
upon a right gives rise to the prosecution of a civil or criminal action, the
right to prosecute one does not deprive a party of a right to exercise the
other, wherefore the filing of a criminal charge is not sufficient ground upon
which to decree a continuance of a civil action prosecuted in relation to the
same facts. Landrón v. Saldána, 418.

3. ACTION TO RECOVER.-In order that an action to recover the ownership of a
thing may be successful, it is an essential requisite that the plaintiff shall
prove the identity of the thing either by a survey or other adequate evi-
dence to the extent of proving that it is the same thing that is in the
possession of the defendant. Ruiz v. Pacheco, 423.

4. ID. NECESSARY REQUISITES FOR THE ASSIGNMENT OR CONVEYANCE OF A MORT-
GAGE CREDIT.—The only requisites necessary for the validity of a convey-
ance or assignment of a mortgage credit are: That the debtor be notified;
that they be effected by means of a public instrument, and that such instru-
ment be recorded in the registry of property.

5. ACTIONS AT LAW AND SUITS IN EQUITY.-In accordance with the civil pro-
cedure in force in Porto Rico, actions are not divided into actions at law
and suits in equity, and all actions must be brought in accordance with the
provisions of the Code of Procedure. Montilla v. Van Syckel et al., 154.
6. ID.—EQUITY JURISPRUDENCE.-A system of equity jurisprudence, such as that
administered in the federal courts of the United States and in some of the
state courts, has no place in the system of laws in force in the Insular
courts of Porto Rico.

ACTS BY MARSHAL. See CERTIORARI, 3.

ADJUDICATION IN JUDICIAL PROCEEDINGS.
ADJUDICATION IN JUDICIAL PROCEEDINGS.-The mere constitution of a partnership,
and the admission to record in the registry of instruments duly executed, as
well as the execution of any other legal acts performed by one or more per-
sons, in an effort to protect his rights and interests, cannot be deemed to be
a conspiracy simply because they prejudice the rights of a third person, nor
can they serve, without better evidence, as the basis of a declaration of
nullity of an adjudication judicially made. Montilla V. Van Syckel
et al., 154.

1. APPEAL ERRORS NOT PREJUDICIAL.-A judgment will not be reversed on
appeal upon an erroneous incidental ruling of the trial court, unless a de-
fendant is prejudiced thereby. People v. Montijo, 1.

2. ID. INSTRUCTIONS OF THE COURT-SECTIONS 260 AND 261 OF THE PENAL
CODE.-Sections 260 and 261 of the Penal Code define and punish two dis-
tinct crimes, and it is not error for the court to refuse to instruct the jury
with respect to section 260 in the prosecution of the crime defined in sec-
tion 261. Id.

3. ID.-Judges, in instructing the jury, must strictly confine themselves to the law
applicable to the case.

4. ID.-APPEAL-OBJECTIONS-BILL OF EXCEPTIONS.-Objections made or excep-
tions taken during the course of a trial must be set forth in the bill of
exceptions and submitted to the consideration and approval of the court.

5. APPEAL-BILL OF EXCEPTIONS-MANIFEST ERRORS.-Where there is no bill of
exceptions, and it not appearing from the record that any error had been
committed to justify a reversal of the judgment appealed from, the same
may be affirmed. People v. Benítez, 22.

6. APPEAL-MUNICIPAL COURTS-JUSTICE OF THE PEACE.-In cases where munici-
pal courts or justices of the peace have original jurisdiction in appeals to a
district court the trial will be had de novo on the original complaint.-Ez
parte Bermudez, 23.

7. İD.—MALICIOUS MISCHIEF PETIT LARCENY-CONVICTION OF A CRIME OTHER
THAN THE ONE CHARGED IN THE INFORMATION-VOID JUDGMENT.-Where a
complaint has been made charging malicious mischief the accused cannot be
convicted of the crime of petit larceny, and a court so convicting a defend-
ant exceeds its jurisdiction and the judgment rendered thereunder is
void. Id.

8. ID. JUDGMENT IMPOSING FINE-SUBSIDIARY IMPRISONMENT-WARRANT OF
ARREST. A judgment imposing a fine upon a defendant, as well as the order
for the execution thereof, must specify the term of imprisonment which the
accused must serve in default of the payment of such fine; and such im-
prisonment must not exceed the time for which the accused might have been
imprisoned for the crime of which he was convicted. Id.

9. ID. VOID COMMITMENT.-The commitment with the requirements specified in
the foregoing paragraph is substantially defective, and consequently null and
void.

10. APPEAL-EVIDENCE-DOCUMENTS PRESENTED TO APELLATE COURT.-Documents
presented to the appellate court and which form no part of the record of the
case will not be considered. Blas v. Colón et al., 76.

APPEAL-CONTINUED.

11. ID.-NULLITY OF PROCEEDINGS ORAL TRIAL EVIDENCE OF CONFESSION.—
Where an adverse decision was rendered in an oral action prosecuted against
a husband and his wife on the sole evidence of confession of the former in
the name of the latter, and the annulment of such proceedings having been
prayed for on the ground that the evidence of confession should relate only
to personal acts of the person making the confession, who cannot make such
confession in the name of another, it was held that the wife having ratified
the confession by subsequent acts which showed her wish to consider it as
valid and binding, such defect, although it was proved to exist, does not con-
stitute a ground for annulment. Id.

12. ID. INTERVENTION OF OWNERSHIP-ATTACHMENTS.-Where an attachment is
decreed in a proceeding, if it should prejudice the rights of a person who
was not made a defendant therein, his action to enforce his rights is not one
to secure the annulment of the proceedings, but an action in intervention of
ownership, wherein he may make all the allegations he may think proper
tending to identify, establish the boundaries, and prove his ownership of the
properties. Id.

13. ID. SIMULATED CONTRACTS-FRAUD OF CREDITORS.-The simulation of a con-
tract of purchase and sale cannot favor a party seeking the annulment
thereof on the ground that it was made to defraud him as a creditor, unless
it appears that he possesses the character of a creditor of the vendor who
executed the contract. Id.

14. COMPLICITY OF PURCHASER IN FRAUDULENT TRANSACTION.-The rescission
of a conveyance on the ground that it was made in fraud of creditors cannot
be decreed, unless it be shown by the different methods recognized by the
law, that the purchaser was implicated in the fraud with which the vendor
was charged.
15. APPEAL-BILL OF EXCEPTIONS-MANIFEST ERRORS.-Where there is no bill of

exceptions and no error appears from the record which would justify a re-
versal of the judgment appealed from, the same must be affirmed. People
v. Caballero, 140.

16. APPEAL EVIDENCE.-The Supreme Court cannot consider on appeal documents
which properly form no part of the record in accordance with the law, even
though such documents may be included in the records.-Montilla v. Van
Syckel et al., 154.

17. APPEAL-APPOINTMENT OF TRUSTEE.-An order of a district court directing
the appointment of a trustee to manage the property involved in certain
judicial proceedings is not an appealable order in accordance with the pro-
visions of section 295 of the Code of Civil Procedure. Salvá v. Estate of
Borrás, 194.

18. APPEAL-APPOINTMENT OF TRUSTEE.-According to section 295 of the Code of
Civil Procedure an appeal does not lie from an order of the district court
ordering the appointment of a trustee to manage property in an action
pending. Salvá et al. v. Estate of Borrás, 195.

19. APPEAL-BILL OF EXCEPTIONS-STATEMENT OF FACTS-NEW TRIAL.-If the
record contains neither a bill of exceptions nor a statement of facts, the
necessary elements to hear and decide a motion denying a new trial are
wanting, and if there has been no error which would justify the reversal of
the decision appealed from, it will be affirmed. People v. Carrión, 209.

20. APPEAL-BILL OF EXCEPTIONS-STATEMENT OF FACTS-MANIFEST ERRORS.-
There being no bill of exceptions or statement of facts and it not appearing
from the record that any error whatever has been committed which would
justify a reversal of the judgment, the same must be affirmed. People v.
Cordero, 275.

21. APPEAL BILL OF EXCEPTIONS-STATEMENT OF FACTS-MANIFEST ERRORS.-
There being no bill of exceptions or statement of facts and it not appearing
from the record that any error whatever has been committed which would
justify a reversal of the judgment, the same must be affirmed. People v.
Ramos, alias Sapi, 279.

22. APPEAL-BILL OF EXCEPTIONS-STATEMENT OF FACTS-MANIFEST ERRORS.—
There being no bill of exceptions or statement of facts, and it not appear-
ing from the record that any error whatever has been committed which
would justify a reversal of the judgment, the same must be affirmed.
People v. Martinez, 339.

23. APPEAL-BILL OF EXCEPTIONS-STATEMENT OF FACTS-MANIFEST ERRORS.-
There being no bill of exceptions or statement of facts, and it not appear-
ing from the record that any error whatever has been committed which
would justify a reversal of the judgment, the same must be affirmed.
People v. Limardo, 341.

24. APPEAL BILL OF EXCEPTIONS--STATEMENT OF FACTS-MANIFEST ERRORS.-
There being no bill of exceptions or statement of facts, and it not appear-
ing from the record that any error whatever has been committed which
would justify a reversal of the judgment, the same must be affirmed.
People v. Casiano, 344.

25. ID. APPEAL-MORTGAGE SUMMARY FORECLOSURE PROCEEDING MORTGAGE
DEBTOR.-An order made in a summary foreclosure proceeding directing
that a second public sale of the mortgaged property be held is not an
appealable order either in accordance with articles 128 of the Mortgage Law
and 175 of the Regulations for the execution thereof, in accordance with
section 295 of the Code of Civil Procedure.

26. APPEAL-DOCUMENTS NOT A PART OF THE RECORD.-The Supreme Court will
not consider on appeal any document which was not presented and made
part of the record. People v. Santos, 348.

27. APPEAL-JUDGMENT NOT ENTERED.-An appeal taken from a judgment before
it has been entered in the book of judgments of the district court is prema-
ture and will be dismissed. La Compañía de los Ferrocarriles de Puerto
Rico et al. v. La Compañía Línea del Oeste et al.

28. APPEAL-MANIFEST ERRORS.-Where upon the record no error whatever ap-
pears to have been committed which would justify a reversal of the judg-
ment appealed from, the same must be affirmed. People v. López, 483.
29. APPEAL-BILL OF EXCEPTIONS-STATEMENT OF FACTS.-There being no bill of
exceptions or statement of facts and no error appearing to have been com-
mitted which was prejudicial to the substantial rights of the defendant, the
judgment appealed from must be affirmed. People v. Dessus, 486.
30. APPEAL JURISDICTION.-In order that the Supreme Court may render judg
ment in a case submitted for its consideration it must have jurisdiction of
the same, not only at the time the case is presented and submitted for its
consideration, but also at the time of its decision, and if it is deprived of

APPEAL CONTINUED.

such jurisdiction before rendering its decision in the case the appeal must be
dismissed. Lind v. David et al., 512.

31. APPEAL JURISDICTION.—The Supreme Court has no jurisdiction of an appeal
taken from a judgment of a district court rendered on appeal from a munic-
ipal court in cases where the amount involved in such judgment does not
exceed $300, even though the appeal may have been taken during the time
that the Supreme Court had jurisdiction of such cases on appeal. Fernan-
dez v. Mojica, 530.

32. APPEAL-MORTGAGE-SUMMARY FORECLOSURE PROCEEDING POSSESSION OF
PROPERTY FORECLOSED UPON.-An order made in a summary foreclosure
proceeding directing the marshal to place the purchaser of the property sold
at public auction in possession thereof, is not an appealable order, according
to the provisions of section 295 of the Code of Civil Procedure. Banco
Territorial y Agrícola v. Cuevas, 537.

33. ID. The summary foreclosure proceeding cannot be suspended by means of
incidental questions or appeals of any nature whatsoever, taken by the in-
terested parties, except in those cases expressly provided for by article 175
of the Regulations for the execution of the Mortgage Law.

34. APPEAL-BILL OF EXCEPTIONS-STATEMENT OF FACTS-MANIFEST ERRORS.-
There being no bill of exceptions or statement of facts, and it not appear-
ing from the record that any error was committed which would warrant a
reversal of the judgment appealed from, the same must be affirmed. Peo-
ple v. Capproubtt et al., 545.

35. APPEAL-JURISDICTION.-The Supreme Court has no jurisdiction of an appeal
taken from a judgment of a district court rendered on appeal from the
municipal court in a case where the value of the property claimed or the sum
specified in the judgment, exclusive of the products and interest therein,
does not exceed $300. Cesterous v. Navarro, 549.

36. ID.—APPEAL—STATEMENTS OF FACT-QUESTIONS OF FACT.-If the evidence
taken on a trial forms no part of the transcript of the record, the questions
of fact, which must be proved by the result thereof, cannot be considered on
appeal.

See HABEAS CORPUS, 7, 19; CERTIORARI, 7.

APPLICATION FOR TRANSFER TO MODERN BOOKS OF REGISTRY.
See ENTRIES IN OLD REGISTRIES, 1.

APPLICATION OF RULES OF COURT. See INJUNCTION, 5.

APPEARANCE. See CITATION, 1.

APPOINTMENT OF TRUSTEE. See APPEAL, 17.

ARGUMENT OF COUNSEL.

1. ARGUMENT OF COUNSEL-READING OF STATUTES.-The refusal of the court to
allow counsel to read sections of the Code to the jury which are irrelevant
and have no reference to the case, is not reversible error. People v. Mon-
tijo, 1.

ARRAIGNMENT. See HABEAS CORPUS, 15.

ASSIGNMENT OF RIGHTS. See PARTNERSHIP, 3.