
    Parker, Plaintiff and Respondent, v. Oller, Defendant and Appellant.
    Appeal from the District Court of San Jnan, Section 1, in an Action of Unlawful Detainer.
    Motion for Dismissal of Appeal.
    No. . —
    Decided November 13, 1914.
    Appeal — Statement oe Case. — Failure to file a statement of the ease is not of itself sufficient ground to warrant the dismissal of an appeal.
    The facts are stated in the decision.
    
      Mr. O. M. Wood for the respondent.
    The appellant did not appear.
   DECISION.

The court having carefully considered the motion filed by the respondent for dismissal of this appeal on the sole ground that the extension of time granted by the trial court for filing the statement of the case had expired and the said statement had not been presented, and this ground not being sufficient of itself to warrant a dismissal of the appeal, according to the doctrine laid down by this court in the eases of Successors of José Martínez v. Tomás Dávila & Co., 17 P. R. R., 1068, and Monge v. Central Vannina, 19 P. R. R., 1187, the motion is overruled without prejudice to the rights of the parties.

Motion overruled.

Justices Wolf, del Toro, Aldrey and Hutchison concurred.

Mr. Chief Justice Hernández did not sit at the .hearing on this motion.  