Page:The Green Bag (1889–1914), Volume 22.pdf/651

 A Lawsuit in Mexico the purpose of operating mines which it owns within the jurisdiction of the court]; (2) [that

certain of the attached notes are based upon a certain consideration, stating it]; (3) [that the consideration of the other notes is so and so, stating it]; (4) [that no part of the debts or interest owed had been paid, and the several amounts are therefore due on them]; (5) that as evidence of such debts the V. G. Copper Co. had executed to each of its creditors its promissory notes, which are attached, and the amount of which is. . . dollars; (6) all said notes have been indorsed to me, as can be seen; (7) the total amount of the notes of the company for which 1 de mand

judgment

is. . . thousand

619

Upon this petition the judge proceeded to indorse his auto as prayed, that de mand be made on the copper company to pay the amount sued for within three days, or failing in this, that execution be had of the property of the company; which order was promptly and in due form notiﬁed to the parties, who said they heard it, and signed. Being duly notiﬁed and demanded, the ofﬁcers of

the company replied that although it is true that the company owes the money as alleged, it cannot make the payment

dollars,

together with interest at the rate mentioned in the notes, amounting to. . . dollars, which with the amount of the principal is a total of. . . dollars, American gold, or

. . . pesos, national currency. law: The V. G. Copper Co. is a foreign corporation and the validity of all its acts is attested by its having complied with the requirements of article 265, clauses l and 2, of the Code of Commerce; (2) the executive mercantile action lies when the demand is founded upon a document which bears preparatory execu

because of want of funds;

they will

proceed therefore, as required by law,

to designate sul’ﬁcient of the company's property on which execution shall be levied, to wit: (making a complete inventory of the

real and

personal

property of the debtor corporation, all of the stated valuation of so-many

documents, because they meet the require ments of article 546 in its seven clauses, and the signatures of the same having been recognized, I have duly prepared the execu

dollars). The Mexican law requires that an appraised value be put upon property attached under execution, as upon the execution sale the bidding must begin not lower than two-thirds of the official appraisement. By consent of the parties the general manager of the company

tive action, according to articles 1167 of the

was appointed by the court as deposi

Code of Commerce and 325 of the Code of Civil Procedure. Therefore, and also in

tario or receiver of the property pending the further proceedings in the cause; he‘ accepted in writing the charge and took oath for its faithful discharge.

tion, as provided in article 1391, clause 4, of the Code of Commerce; (3) the annexed notes, basis of this suit, are mercantile

accordance with articles 1391, clause 4, 1392, 1393, 1394, 1395 and 1396 of the Code of

Commerce, I pray you, Judge: First, that you please to issue the writ of execution with the force of a mandate in due form, requiring said company to make payment of the said amount of. . . dollars, with interest cal

The

defendant, having

been

notiﬁed

and having admitted inability to pay, made a written waiver of the term of

with

three days allowed it in which to comply

costs and damages, and if it does not do so, that suﬂicient of its property be attached

with the payment, or to show cause why it should not pay. Nothirig remained

to cover the debt and costs;

therefore but to ask execution by a. sale of the property, this being done by a short petition, stating the fact of the

culated

in

the

sum

of. . .dollars,

Second, that

in due course you pronounce judgment of sale, condemning the said V. G. Copper Co. to the payment of the amount demanded, interest, costs, expenses, losses and damages.

It‘isljustice, as in due form I make oath. Hermosillo, December 14, 1908. (Signed) Joseph Wheless.

waiver of the three days for making or

opposing payment, and praying, in accordance with article 1404 of the Code of Commerce, and after due notice