Hermenegildo Deveza, Difunto Substituido Por Sus Herederos Gertrudo Deveza, Calixto Deveza Y Dominador Deveza, Demandante-Apelante, Contra Manuel Ruiz Ruiloba, Como Administrador Judicial De Los Bienes Del Difunto Luis Soler De Cornelia, Demandado-Apelado

Summary

This case involves the recovery of allegedly usurious interest payments. Hermenegildo Deveza's heirs sued Manuel Ruiz Ruiloba as judicial administrator to recover money allegedly collected as usurious interest. The Supreme Court affirmed dismissal based on res judicata and failure to file compulsory counterclaim. The Court held that since the usurious interest claim related to the same debts that were the subject of a previous civil case No. 6949, plaintiff was required under Article 97 of the Code of Civil Procedure to file a counterclaim in that case. Having failed to do so, he was forever barred from asserting the claim, constituting estoppel by judgment. The decision reinforces the importance of the compulsory counterclaim rule and res judicata principles in civil litigation.