
    MANUEL ALVAREZ v. HERMINIO MADERA.
    San Juan,
    Equity,
    No. 1091.
    Domicil.
    Jurisdiction — Porto Rico — Domicil.
    The jurisdiction of this court as defined by Congress is different from that of the Federal district courts in the forty-eight states of the Union. Under the Organic Act of 1917, known as the Jones Bill, jurisdiction of this court depends upon diversity of domicil rather than diversity of citizenship. Where the defendant admits that he is a subject of Spain with his domicil in Porto Rico, hut denies the claim of the complainant that the latter is domiciled in New York, a question of fact arises, with respect to which it is the duty of the court to receive evidence. Where the court finds that the allegations of the bill are true, it is its duty to take jurisdiction.
    Opinion filed May 24, 1921.
    
      Mr. Molina for plaintiff.
    
      
      Mr. Coll for defendant.
   OduiN, Judge,

delivered tbe following opinion:

Tbe bill of complaint in tbis case alleged tbe complainant to be a citizen of tbe United States witb bis domicil in tbe city of New York, and also alleged tbat tbe defendant is a subject of tbe King of Spain witb bis domicil in San Juan. Tbe answer admitted tbat the defendant was a subject of tbe King of Spain witb bis domicil in San Juan, but denied tbat tbe complainant was domiciled in tbe city of New York and alleged tbat tbe plaintiff has bad bis residence and domicil in San Juan for tbe past two years. Upon tbis question of fact the court took testimony this 24th day of May, 1931, and at tbe close of tbe testimony the court found tbat tbe allegations in paragraph 1 of tbe complaint were proven, and also held tbat tbis court does have jurisdiction of tbis action, to which ruling tbe defendant by bis attorney excepts.

It is so ordered.  