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Zenith Insurance Corp. Vs. Court of Appeals, et al.

ZENITH INSURANCE CORPORATION, petitioner, vs. HON. COURT OF APPEALS, HON. RICARDO J. FRANCISCO, as Presiding Judge of Branch VI, Court of First Instance of Rizal, PROVINCIAL SHERIFF OF RIZAL, JEZZER BOTE, Deputy Sheriff of Rizal and PEDRO F. MEJORADA, respondents.

G.R. No. L-57957 | 1982-12-29

D E C I S I O N


MELENCIO-HERRERA, J.:

The issue for resolution is the correctness of the Order for the issuance of the Alias Writ of Execution by the Court of First Instance of Rizal, Branch VI, in Civil Case No. 9490, which was affirmed by the Court of Appeals in CA-G.R. No. SP-12295, making petitioner Zenith Insurance Corporation liable for more than the amount of the bond it had issued in favor of its principal, William B. Murphy.

The controversy stemmed from the following facts:

On September 5, 1966, William B. Murphy filed a case for collection of a sum of money, accounting and damages, in the Court of First Instance of Rizal,...