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BPI vs. Gabriela Andrea R. De Coster, Et Al. 049 Phil 574

THE BANK OF THE PHILIPPINE ISLANDS, plaintiff-appellant, vs. GABRIELA ANDREA DE COSTER Y ROXAS, ET AL., defendants. GABRIELA ANDREA DE COSTER Y ROXAS, appellee.

G.R. Nos. 26642 and 25643 | 1926-11-12

D E C I S I O N


JOHNS, J.:

After plaintiff's appeal was perfected, and on August 31, 1926, the plaintiff, as appellant, filed a motion for a new trial in this court upon the ground of newly discovered evidence based upon a written instrument executed and acknowledge on May 27, 1924, by Jean M. Poizat and Gabriela Andrea de Coster y Roxas, and acknowledged before A. M. Opisso, notary public, a copy of which is attached to, and made a part of, the motion. To the granting of this motion, objection was made by the appellee, because it does not comply with the provisions of section 497 of the Code of Civil Procedure, first; second, because...