G. R. No. 36620. June 10, 1934

JOSE MORENTE, PLAINTIFF AND APPELLEE, VS. CIRIACO CHUNACO, DEFENDANT AND APPELLANT.

Decisions / Signed Resolutions June 10, 1934
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J. STEVENS-ACTING CLERK OF COURT


This court
having regularly acquired jurisdiction for the trial of the
above-entitled cause submitted by both parties for decision,after
consideration thereof by the Court upon the record, its decision and
order for the judgment having been filed on the ________25th________day of ________May________, A. D. nineteen hundred and _________thirty-four________;

By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of __________Capiz__________, dated the__________23rd______________
day of __________November_________, nineteen hundred and ___________twenty-nine____________,
and from which the above-entitled appeal was taken, be, and the same is
hereby, reversed and the writ of preliminary injunction issued by the
lower court herein dissolved, It is further ordered and decreed that
the record be returned to the lower court for such further proceedings
as the parties may deem it advisableto have before the final
dispositive of the case, in accordance with section 170 of the Code of
Civil Procedure, for the purpose of ascertaining the amount of damages
occasioned to the appellant by virtue of the illegal issuance of the
said injunction. Costs shall be taxed against the appellee in both
instances.

It is further ordered that the __________the appellant _________ from the __________the appellee _________ the sum of P_ 40.00 __, as costs.