G.R. No. 1905. April 08, 1904

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3 Phil. 635

[ G.R. No. 1905. April 08, 1904 ]

FLAVIANO FELIZARDO ET AL., PETITIONERS, VS. THE JUSTICE OF THE PEACE OF IMUS, RESPONDENT.

D E C I S I O N



TORRES, J.:

Attorneys Pineda and Escueta, on behalf of Flaviano Felizardo and
Francisca Felizardo, upon the facts stated in their complaint, dated
April 4, 1904, and upon the ground that there was no other speedy and
adequate remedy in the ordinary course of law, pray for an order
dissolving the attachment levied upon the property of the petitioners,
and that a writ issue to the justice of the peace of Imus, requiring
him to absolutely refrain from all further proceedings until a final
decision is rendered upon the complaint.

By intervening in the suit in which the attachment was levied, the
parties may avail themselves of all the legal remedies provided for the
defense of their lawful rights, but can not avail themselves of the
writ of prohibition for the purpose of obtaining a discharge of
attachment complained of. The case is one which pertains exclusively to
the jurisdiction of the judge who is trying it, and there is no
authority of law for interference with the proceedings the writ is
denied, with the costs against the petitioners.

Arellano, C.J., Cooper, Mapa, McDonough, and Johnson, JJ., concur.






Date created: November 27, 2018




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