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Felix Fabella And Ernesto Figueroa Vs. The Provincial Sheriff Of Rizal, Et Al. 094 Phil 35

FELIX FABELLA and ERNESTO FIGUEROA, plaintiff-appellees, vs. THE PROVINCIAL SHERIFF OF RIZAL, VICENTE D. ALOBOG, and ALTO SURETY AND INSURANCE CO., INC., defendants; VICENTE ALOBOG, defendant-appellant.

G.R. No. L-6090 | 1953-11-27

D E C I S I O N


BAUTISTA ANGELO, J.:

This is an action for damages instituted in the Court of First Instance of Rizal arising from the attachment of a movie house together with all equipments, machineries, and furniture found therein, the ownership of which is disputed.

Defendant Vicente Alobog filed a motion to dismiss and when the same was denied for lack of merit, he filed an answer wherein he denied specifically all the material allegations of the complaint and set up some affirmative and special defenses and a counterclaim.

Plaintiffs answered the counterclaim stating merely that they deny "generally and specifically each and...