7 Phil. 398
[ G.R. No. 3278. January 29, 1907 ]
MARCELINO REYES, PLAINTIFF AND APPELLEE, VS. LORENZA ALBURO ET AL., DEFENDANTS AND APPELLANTS.
D E C I S I O N
WILLARD, J.:
As was said in the case of Cornelios vs. Guaranty Trust Co.,[1] No. 3116, decided November 27, 1906, the appeal vacated the judgment of the justice of the peace and the case stood for trial de novo in the Court of First Instance. No judgment could be entered in that court based upon the proceedings in the court of the justice of the peace. The order for such judgment and all proceedings subsequent thereto are hereby reversed and set aside and the case is remanded to the court below for further proceedings in accordance with the law. No costs will be allowed to either party in this court. After the expiration of twenty days let judgment be entered in accordance herewith and ten days thereafter the cause remanded to the lower court for proper procedure. So ordered.
Arellano, C. J., Torres, Mapa, Johnson, Carson, and Tracey, JJ., concur.
[1] Not reported.
Date created: May 29, 2014
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