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City Of Manila Vs. J.C. Ruymann 037 Phil 421

THE CITY OF MANILA, plaintiff-appellee, vs. J.C. RUYMANN, H.G. FARRIS, THE HEIRS OF DIONISIO CABANDONG, and THE POSTAL SAVINGS BANK, defendants. J.C. RUYMAN and H.G. FARRIS, appellants.

G.R. No. L-11519 | 1918-01-17

D E C I S I O N


JOHNSON, J .:

This appeal presents three questions of law. They are: (1) May the petitioner, in an action of expropriation, after he has been placed in possession of the property and before the termination for the action, dismiss his petition? (2) In case said action is dismissed, may the defendant recover damages growing out of the action and said possession of the plaintiff? and (3) May said damages be ascertained as an incident in the principal action, or must the defendant submit tot he dismissal of the action an commence an independent action for damages?

Upon the first question the decisions are in conflict. Many...