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Philippine Sugar Estates Development Co. vs. Juan M. Poizat 48 Phil 536

THE PHILIPPINE SUGAR ESTATES DEVELOPMENT CO., LTD INC., plaintiff-appellee, vs. JUAN M. POIZAT, ET AL, defendants. GABRIELA ANDREA DE COSTER, appellant.

G.R. No. 23352 | 1926-12-31

D E C I S I O N

JOHNS, J .:

For the reasons stated in the decision of this court in the Bank of the Philippine Islands vs. De Coster (47 Phil., 594), the alleged service of the summons in the foreclosure suit upon the appellant was null and void. In fact, it was made on J. M. Poizat only, and there is no claim or pretense that any service of summons was ever made upon her. After service was made upon him, the attorneys in question entered their appearance for all of the defendants in the action, including the appellant upon whom no service was ever made, and filed an answer for them. Later, in open court, it was agreed that judgment should...