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Alliance Insurance & Surety Co., Inc. Vs. Edmundo S. Piccio, Et Al. 105 Phil 1192

ALLIANCE INSURANCE & SURETY CO., INC., petitioner, vs. HON. EDMUNDO S. PICCIO, in his capacity as Judge of the Court of First Instance of Cebu City. VICENTE E. R. ZOSA, in his capacity as Sheriff of Cebu and ANATOLIO YNCLINO, respondents.

G.R. No. L-9950 | 1959-07-31

D E C I S I O N


BAUTISTA ANGELO, J.:

This is a petition for certiorari seeking to set aside an order entered by respondent Judge on September 14, 1955 directing that a writ of execution be issued against petitioner on the bond filed by it in the amount of P1,000.00.

On May 22, 1940, a complaint for possession and damages was originally filed by Rufina Vergara against Jose Alcos and Maria Georfo before the Court of First Instance of Cebu. Upon plaintiff's petition, a writ of preliminary injunction was issued so that plaintiff may take possession of the property pendente lite. In the meantime, Rufina Vergara died and was substituted as...