Burnet v. Desmornes Y Alvarez, 226 U.S. 145 (1912)
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Burnet v. Desmornes Y Alvarez, 226 U.S. 145 (1912)
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Burnet v. Desmornes y Alvarez No. 11 Submitted October 30, 1912 Decided December 2, 1912 226 U.S. 145
APPEAL FROM THE SUPREME COURT OF PORTO RICO
Syllabus
Whether prescription goes only to the remedy or extinguishes the right, it affects the jurisdiction no more than any other defense.
The judgment of a court that a right is established cannot be impeached collaterally by proof that the judgment was wrong.
The provisions of Article 137 of the Civil Code of Porto Rico of 1889 and of § 199 of the Act of March 1, 1902, of Porto Rico, requiring actions to claim filiation to be commenced within prescribed periods, do not deprive the court of jurisdiction in case the action is not brought until after the prescribed period. It is a defense that must be pleaded.
This Court will be slow to control the discretion of the Supreme Court of Porto Rico as to a matter wholly within its power, such as sending a case back to the lower court for further opportunity to cross-examine.
13 Porto Rico, 18, affirmed.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Burnet v. Desmornes Y Alvarez, 226 U.S. 145 (1912) in 226 U.S. 145 226 U.S. 146. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=17H9Q2K5V9FIX7K.
MLA: U.S. Supreme Court. "Syllabus." Burnet v. Desmornes Y Alvarez, 226 U.S. 145 (1912), in 226 U.S. 145, page 226 U.S. 146. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=17H9Q2K5V9FIX7K.
Harvard: U.S. Supreme Court, 'Syllabus' in Burnet v. Desmornes Y Alvarez, 226 U.S. 145 (1912). cited in 1912, 226 U.S. 145, pp.226 U.S. 146. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=17H9Q2K5V9FIX7K.
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