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Frank & Co., Inc. Vs. Enrique Clemente, Et Al. 044 Phil 30

FRANK & COMPANY, INC., petitioner, vs. ENRIQUE CLEMENTE, the Honorable SIMPLICIO DEL ROSARIO and the Honorable M. VIVENCIO DEL ROSARIO, respondents.

G.R. No. 19329 | 1922-11-16

D E C I S I O N


OSTRAND, J.:

This is a petition for a writ of mandamus ordering the respondent judge to fix a date for the taking of the depositions of certain witnesses and to issue subpoenas for their appearance. The case is now before us upon demurrer to the petition. The petition reads as follows:

"1. That the petitioner is a corporation duly organized and existing under the laws of the Philippine Islands with its principal office in the City of Manila there in; the defendant Enrique Clemente is an adult resident of the City of Manila; and the defendants the Honorable Simplicio del Rosario and the Honorable M. Vivencio del Rosario...