
    Huertas v. The Municipal Judge.
    Appeal from the District Court of San Juan.
    No. 80.
    Decided April 21, 1904.
    Appeal. — An appeal will lie only from decisions of a final character, and a decision of the district court dismissing a complaint presented by a party against proceedings had before a municipal judge is not final for the purposes of appeal.
    STATEMENT OE THE CASE.
    This is an appeal taken to the District Court of San Juan by Damiana Huertas y Pulido against the municipal judge of Eío Piedras in connection with certain proceedings had for the execution of the judgment rendered by the said San Juan court in an action of unlawful detainer instituted by Pedro Elzaburu against Juan Molfulleda. The case is pending-before us on appeal allowed to Damiana Huertas, who was represented in this Supreme Court by Attorney Rafael Ló-pez Landrón.
    On the thirteenth day of April of last year Damiana Huer-tas, without the direction of counsel, made application by written petition to the District Court of Sah Juan, requesting that the notice served by the municipal court of Eío Piedras upon various colonos of an estate, which she claims is her property, demanding that Pedro Elzaburu be recognized as the owner thereof, be declared null and void. This notice was given in connection with an order set forth in the form of a letter of the District Court of San Juan, directing that Juan Molfulleda be ousted from the possession of the estate constituting the subject-matter of the unlawful detainer proceedings instituted against Molfnlleda by Elzaburu, and which terminated in a judgment.
    After a report of the municipal judge of Bio Piedras, the District Court of San Juan made an order on the eighth day of June last dismissing the complaint, on the ground that the scope of the notice was limited to informing the colonos that Elzaburu was legally occupying the estate in the same sense as though he were the owner thereof, until such time as he might be defeated in the action to establish the plenary ownership of the property, for which purpose the rights of the party were fully available.
    From this order Damiana Huertas took an appeal, which, was allowed, and the record of the proceedings having been forwarded to this court; and the appellant only having appeared, the appeal was properly conducted and a day was set for the hearing, which took place with the attorney for the.* said party present. :
    
      Mr. López Landrón, for appellant.
   ' Mr. Jtjstice HebNÁNdez,

after stating the foregoing facts;, delivered the opinion of the court:.

No appeal lies from the order made by the District Court of San Juan on the 8th of July last, passing upon the complaint presented by DamiaMa Huertas against the proceedings had before the municipal judge of Bio Piedras, since said order decides nothin^with respect to such property rights as may he held by the appellant over the estate in question, and, therefore, it cannot be classified as final for the pu'rposes of said appeal.

The present appeal is dismissed, with costs against the appellant. The record of the District Court of San Juan is. ordered to be returned, together with a certified copy of this-decision.

Justices Figueras, Sulzbacher and MacLeary concurred.

Mr. Chief Justice Quinones did not sit at the hearing of this case.  