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SM, LTD vs. CA, et al

STRACHAN & MACMURRAY, LTD., petitioner, vs. THE COURT OF APPEALS and JOSE ESPINOSA, respondents.

G.R. No. L-23455 | 1975-01-27

D E C I S I O N

TEEHANKEE, J:

The Court reverses the decision of the Court of Appeals which ordered the giving of due course to a dismissed appeal of respondent debtor from a money judgment by default rendered against him by the municipal court, and finds that his appeal was correctly dismissed by the court of first instance since he had lost his right of appeal as a party declared in default whose standing in court had not been restored.

The factual origin of the case is undisputed, as follows:

On January 18, 1963, petitioner Strachan & Macmurray, Ltd. as plaintiff filed against private respondent Jose Espinosa as defendant an action...