Bianchi v. Morales, 262 U.S. 170 (1923)

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Bianchi v. Morales

No. 934

Motion to affirm or advance, and to vacate stay
submitted April 16, 1923.-Decided May 7, 1923
262 U.S. 170

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR PORTO RICO

Syllabus

1. The court may affirm a decree dismissing a suit without putting the parties to the expense of printing the full record when the facts stated and admitted in the motion papers make it plain that the suit cannot be maintained. P. 171.

2. The law of Porto Rico providing for summary foreclosure of mortgages without allowing other defenses than payment, but leaving the mortgagor plenary opportunity to assert other objections by separate suit, clearly does not deprive him of property without due process of law. Id.

Affirmed.

Appeal from a decree of the District Court of the United States for Porto Rico, dismissing, for want of jurisdiction, a bill to restrain summary foreclosure proceedings.