G.R. No. L-1312. July 30, 1947
MARIA SAN PEDRO, PETITIONER, VS. EMILIO PEÑA, JUDGE OF FIRST INSTANCE OF MANILA, THE SHERIFF OF MANILA AND CORAZON G. SANTOS, RESPONDENTS.
Decisions / Signed Resolutions July 30, 1947
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EXECUTION PENDING APPEAL; DISCRETION OF TRIAL
COURT.—Under Section 2 of Rule 39, it is discretionary with the trial court to
order execution before the expiration of the time to appeal, upon good reasons
to be stated in special order, and the sufficiency of the reasons for ordering
such execution is to be determined by said court.
COURT.—Under Section 2 of Rule 39, it is discretionary with the trial court to
order execution before the expiration of the time to appeal, upon good reasons
to be stated in special order, and the sufficiency of the reasons for ordering
such execution is to be determined by said court.