
    The San Juan Light and Transit Co. v. Segura.
    Remedy of complaint against a decision of the District Court of San Juan.
    No. 9.
    Decided March 30, 1904.
    Appeal — Unlawful Detainee. — Appeals should not be allowed in actions of unlawful detainer when the defendant does not previously show that he has paid the rental due under the lease.
    STATEMENT OF THE CASE.
    In the action of unlawful detainer instituted in the District Court of San Juan by the San Juan Light and Transit Company .against Francisco Segura, said court - rendered judgment sustaining the action of unlawful detainer for the reasons set out as grounds of the complaint, namely, default in payment of the rental and expiration of the term of the contract.
    From said judgment Francisco Segura took an appeal, which was disallowed in an order dated December of last year, in view of the fact that he had not proved that he had paid the rent due under the lease, articles 1564 and 1581 of the Code of Civil Procedure being cited in support of this decision.
    Thereupon Francisco Segura moved for a rehearing, which motion was overruled by an order of the 29th of said month of December.
    Francisco Segura having then resorted to the remedy of complaint to this Supreme Court, based upon the refusal to allow the appeal taken by him, a .day was set for the hearing, at which counsel for Francisco Segura was present, the representative of the San Juan Light and Transit Company failing to appear.
    
      Mr. Bosch, for appellant.
   Mr. Justice Sulzbacher,

after making the above statement of facts, delivered the opinion of the court.

In view of the definite provision of article 1564 of the Law of Civil Procedure, which was not repealed by the act of the Legislative Assembly of March 12 of last year, establishing the Supreme Court of Porto Bico as a court of appeals, the District Court of San Juan has acted in accordance with the law in refusing to allow the appeal taken by Francisco Segura from the judgment of eviction rendered.

The present remedy of complaint is declared not to lie, with costs against Francisco Segura. This decision is ordered to be communicated to the District Court of San Juan, that due effect may be given thereto.

Chief Justice Quiñones, and Justices Hernández, Figueras and MacLeary concurred..  