The Green Bag
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to the parties, that order of sale be made.
Notices being given, “heard” and signed of record, the judge proceeded to render his formal judgment. As I have indicated, all decisions in Mexican courts are in writing, in the nature of a special finding of facts, and specially
in executive mercantile action, with the details of its allegations and prayer; the issuance of auto citing the defendant, and demanding payment of debt, the answer of the defendant admitting the debt but de claring it could not pay; the designation of property on which to levy execution, and the waiver of the three days, and the appoint ment of the receiver];
citing every article of the codes on which the relief granted is based;
and
being divided in the formal sections vista, “seen," or premises, resultando, or findings of fact, considercmdo, or conclusions of law, and the fallo, or final decree of the court. This decree is too lengthy to quote in full, but as
it illustrates so entirely this important phase of the civil law practice, and shows the care with which decrees and judgments are prepared, in quite syllo gistic form, and sticking in the legal pegs on which every adjudicated right is hung, I will try to give a skeleton of
it which will convey an accurate idea of its form and substance.
It may be
Resultando, IV: That by escrito dated the 14th of the current month, the plaintifi prayed that the parties be cited for judgment, which was accordingly on the same day decreed; and,
Considerando, I: That the preparatory proceedings for the suit, brought by plaintiff, are in due form, being in accordance with article 1167 of the Code of Commerce, and
praying, as it prayed, the recognition of the signatures of the notes on which the suit was based, which signatures, as well as the amounts expressed by each note, were legally recognized; Considemnda, II: That although the notes presented for recognition were executed in a foreign country, nevertheless they were revalidated according to law, so as to make them enforceable within Mexican territory, by paying the proper stamp duties, in con
remarked that these decrees, like all
formity with articles 1, section 2, and 71 of
other parts of the record except plead
the Stamp Law now in force, the said docu ments, as the basis of the demand presented
ings,
are
written
by
the
secretary,
signed by himself and the judge, and sewed into the folio of the record. The decree‘, which is in efiect a resume of the entire record, in substance follows :— Hermosillo, December 15, 1908.
Vista, the present executive mercantile suit, brought by Mr. Joseph Wheless, domi ciled in the Hotel Arcadia, of this city, against the V. G. Copper Co., represented by [etc.], domiciled [etc.], for the payment of . . . dollars; vistas, [the record of the preparatory proceedings and all other things appearing by the autos in the record and necessary to be seen]; and, Resultando, I: [here is recited the petition for recognition of signatures, and that the notes were “revalidated" by attaching revenue stamps]; Resultando, II: [here recital of the appear ance of the representatives of the defendant, the recognition of signatures, and admission of the indebtedness]; Resultando, III: [here recital of petition
by the plaintiff, being plenary proof by virtue of article 245 of the said Stamp Law in con nection with article 1296 of the Code of Com merce; Considerando, III: That it is well established law that the decree will only dispose of the claims made and defenses offered respectively in the petition and answer (article 1327 of the Code of Commerce), and, that in the present case there are no defenses to con sider, because the company made none, but only the claims made by the plaintiff; Considerando, IV: That the notes which he presented as the basis of his demand, having been indorsed to the plaintiff by their different holders, they became his property, they having been transferred by indorsements in conformity with article 477 of the Code of Commerce; Considerando, V: That as the indorsement
of said notes meets all the requirements of article 478 of the Code of Commerce, as appears by the translation of them from English to Spanish made by the expert translator appointed by the Court, said
