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E. E. Elser, Inc., Et Al. Vs. De La Rama Steamship Co. Inc., Et Al. 094 Phil 812

E. E. ELSER, INC., and ATLANTIC MUTUAL INS. CO., plaintiffs-appellants, vs. DE LA RAMA STEAMSHIP CO., INC., and/or MANILA TERMINAL CO., INC., defendants-appellees.

G.R. No. L-5137 | 1954-04-27

D E C I S I O N


PARAS, J.:

This is an appeal by the plaintiffs from the following order of the Court of First Instance of Manila:

"When this case was called for trial this morning, plaintiffs' counsel moved to postpone the trial of the case on the ground that his important witness could nowhere be found, which motion the Court denied, for the reason that this case has been pending since the year 1947, and the setting of the same on the calendar was made by the Court motu proprio. In view thereof, plaintiffs submitted the case for decision. The defendants, on the other hand, moved for the dismissal of this case.

"Finding the said...