US LAWS, STATUTES and CODES : Chan Robles Virtual Law Library USA Supreme Court Decisions | Resolutions : Chan Robles Virtual Law Library

ChanRobles™ Virtual Law Library™ |™   
Main Index Repository of Laws, Statutes and Codes Latest Philippine Supreme Court Decisions Chan Robles Virtual Law Library Latest Legal Updates Philippine Legal Resources Significant Philippine Legal Resources Worldwide Legal Resources Philippine Supreme Court Decisions United States Legal Resources United States Supreme Court Jurisprudence ChanRobles LawTube - Social Network

ChanRobles Internet Bar Review : DebtKollect Company, Inc. - Debt Collection Firm Intellectual Property Division - Chan Robles Law Firm

Philippine Supreme Court DecisionsChanRobles On-Line Bar Review

google search for chanrobles.comSearch for

SANTIAGO V. NOGUERAS, 214 U. S. 260 (1909)

Subscribe to Cases that cite 214 U. S. 260 RSS feed for this section

U.S. Supreme Court

Santiago v. Nogueras, 214 U.S. 260 (1909)

Santiago v. Nogueras

No. 127

Submitted April 7, 1909

Decided May 24, 1909

214 U.S. 260


By the ratifications of the Treaty of Peace of 1898 with Spain, Porto Rico ceased to be subject to that country and became subject to the legislative power of Congress, but, pending the action of Congress, and the necessary delay in establishing civil government, there was no interregnum, and the authority to govern the territory ceded by the treaty was, by the law applicable to conquest and cession, under the military control of the President as Commander in Chief. Cross v. Harrison, 16 How. 164.

The military authority in control of ceded conquered territory at the time of a treaty of peace continues, if not dissolved by the Commander-in-Chief, until legislatively changed; nor is there any presumption of a contrary intention from the inaction of the legislature. Whatever the cause of delay in legislation, it must be presumed that the delay was consistent with the true policy of the government. Cross v. Harrison, 16 How. 164.

The authority of a military government continued after treaty of peace ceding the conquered territory, though not unlimited, is of large extent, and includes the power to establish courts of justice. Leitensdorfer v. Webb, 20 How. 176.

The military government in Porto Rico at the time of the ratification of the treaty of peace continued until superseded by the organic act, and it had power to establish the United States Provisional Court, and that court had jurisdiction to render the judgment involved in this case.

Under the provision of the order establishing the Provisional Court of Porto Rico that it have jurisdiction of controversies between different states and of foreign states, it had jurisdiction of a controversy between a subject of Spain and a resident of Porto Rico.

The service of the summons in this case by delivering the same at defendant's usual place of abode into the hands of his wife being strictly in accord with the procedure established by the court, the court had jurisdiction to enter judgment by default. chanroblesvirtualawlibrary

Page 214 U. S. 261

Whether the court lost jurisdiction, after having properly obtained it, by disregarding rules of procedure is not open in a collateral attack. 2 P.R. 467 affirmed.

The facts are stated in the opinion. chanroblesvirtualawlibrary

Page 214 U. S. 263

ChanRobles™ LawTube

google search for Search for

Supreme Court Decisions Philippine Supreme Court DecisionsUS Supreme Court Decisions



Browse By ->> Volume


Browse By ->> Year


  Copyright © ChanRobles Publishing Company | Disclaimer | E-mail Restrictions
ChanRobles™ Virtual Law Library |™