Garrozi v. Dastas, 204 U.S. 64 (1907)

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Garrozi v. Dastas

No. 72

Argued October 31, November 1, 1906
Decided January 7, 1907
204 U.S. 64

APPEAL FROM THE DISTRICT COURT OF THE UNITED

STATES FOR THE DISTRICT OF PORTO RICO

Syllabus

Royal Insurance Co. v. Martin, 192 U.S. 194, followed as to the jurisdiction of this Court over appeals from the district court of the United States for the District of Porto Rico.

The party causing the removal from the local court of Porto Rico to the United States courts of a case over which the latter would have had original jurisdiction as to all parties impleaded had it been brought there originally cannot, after judgment against him, assert lack of jurisdiction of the United States court solely on the ground that the removal was erroneous.

Under the law of community property in Porto Rico, the wife does not, as a consequence of a judgment of divorce against her, forfeit her interest in the community.

In liquidating the community, the husband is not chargeable with an obligation to return to the community sums spent by him on the ground that the expenditures were unreasonable or extravagant.

If there is any amount due a wife, against whom a judgment of divorce has been rendered, on account of her interest in the community, she is entitled to provoke a liquidation, and to a decree against the husband for the amount so due and for alimony and expenses actually awarded to her in the divorce suit, but not for additional sums for services of counsel in the suit for liquidation.

The facts are stated in the opinion.