Opinion · Supreme Court of the United States
Bianchi v. Morales
Bianchi v. Morales, 262 U.S. 170 (1923)
- Type
- Opinion
- Court
- Supreme Court of the United States
- Jurisdiction
- Federal
- Date
- 1923-05-07
- Topic
- general
How later courts describe this case
- upholding a Puerto Rico mortgage statute permitting a summary possessory suit by a mortgagee in which no defense except payment was generally permitted
Citator
UpLaw has not yet analyzed Bianchi v. Morales. The absence of a flag is not a finding that it is good law.
- Cited by
- 22 opinions
Headnotes
- General — Appellate Practice — Summary Affirmance A court may affirm a decree dismissing a suit without requiring the parties to incur the expense of printing the full record when the facts stated and admitted in the motion papers make it plainly appear that the suit cannot be maintained. 262 U.S. at 171
- Constitutional Law — Due Process A law providing for summary foreclosure of mortgages that permits no defense other than payment does not deprive the mortgagor of property without due process of law where it affords the mortgagor a separate plenary action in which any defense to the mortgage may be raised and provides for a cautionary notice serving as a substitute for an injunction. 262 U.S. at 171
- Constitutional Law — Due Process A government may, consistently with due process of law, exclude all claims of ultimate right from possessory actions and confine their determination to separate petitory proceedings. 262 U.S. at 171
BIANCHIv. MORALES,262 U.S. 170(1923)
43 S.Ct. 526
BIANCHI ET AL.v. MORALES ET AL.
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR PORTO RICO.
No. 934.
Motion to affirm or advance, and to vacate stay, submitted April 16, 1923.
Decided May 7, 1923.
APPEAL from a decree of the District Court of the United
States for Porto Rico, dismissing, for want of jurisdiction, a
bill to restrain summary foreclosure proceedings.
The facts stated and admitted in the motion papers make it so plain that the bill cannot be maintained that we shall affirm the decree below without putting the parties to the expense of printing the full record. Apart from other matters urged by the appellees the constitutional objection is simply another form of the objection to the separation between possessory and petitory suits familiar to countries that inherit Roman law and not wholly unfamiliar in our own. The United States, the States, and equally Porto Rico, may exclude all claims of ultimate right from possessory actions, consistently with due process of law.GrantTimber Manufacturing Co. v.Gray,236 U.S. 133.CentralUnion Trust Co. v.Garvan,254 U.S. 554. Before these decisions it has been strongly intimated by Chief Justice White that the foreclosure by summary process allowed by the law of Porto Rico was valid,Torresv.Lathrop, Luce Co.,231 U.S. 171,177, and a decision to the same effect was rendered byPage 172the Supreme Court of the Island.Gimenezv.Brenes, 10 P.R. 124. In view of these decisions we are of opinion that the constitutional question raised was only colorable and that the decree dismissing the bill was right.Decree affirmed.