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Gabriel Zari Vs. Jose R. Santos 090 Phil 159

GABRIEL ZARI, plaintiff-appellant, vs. JOSE R. SANTOS, defendant-appellee.

G.R. No. 5608-R | 1951-09-29

D E C I S I O N


FERIA, J.:

This case was appealed from the Court of First Instance to the Court of Appeals, in which the plaintiff-appellant specified as a second assignment of error, that the trial court erred in denying the petition of the attorney for the appellant to set aside the order dismissing plaintiff's complaint and declaring plaintiff in default on defendant's counterclaim, filed under section 2, Rule 38, of the Rules of Court, which provides for relief against judgment entered into against a party through fraud, accident, mistake and excusable negligence.

We said that it is the principal question raised in the appeal...