Back

Dy Kiu Vs. Crossfield & O'brien 038 Phil 521

DY KIU, deceased. DY CAY, administrator of the estate of DY KIU, deceased, appellant, vs. CROSSFIELD & O'BRIEN, appellees.

G.R. No. 12375 | 1918-08-30

D E C I S I O N


MALCOLM, J .:

Two questions are submitted for resolution by this appeal, namely: (1) Whether section 145 of the Code of Civil Procedure, as amended by Act No. 2347, relating to new trials, should be construed as fixing a time limit within which a judge of first instance can set aside a judgment and grant a new trial; and (2) whether the law firm of Crossfield & O'Brien should be paid for their professional services in certain intestate proceedings on a quantum meruit basis or on the basis of the terms of the contract with their client.

A Chinaman by the name of Dy Cay was appointed administrator of the estate of the...