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Fisher vs, Yangco Steamship [Dissenting, CARSON, J.]

F.C. FISHER, plaintiff, vs. YANGCO STEAMSHIP COMPANY, J.S. STANLEY, as Acting Collector of Customs of the Philippine Islands, IGNACIO VILLAMOR, as Attorney-General of the Philippine Islands, and W.H. BISHOP, as prosecuting attorney of the city of Manila, respondents.

G.R. No. L-8095 | 1915-03-31

DECISION OF MARCH 31, 1915.
 
CARSON, J.:
 
This case is again before us upon a demurrer interposed by the respondent officials of the Philippine Government to an amended complaint filed after publication of our decision sustaining the demurrer to the original complaint.
 
In our former opinion, entered November 5, 1914, we sustained the demurrer on the ground that the original complaint did not set forth facts sufficient to constitute a cause of action. In that decision we held that the statute (Act No. 98) the validity of which was attacked by counsel por plaintiff was, when rightly construed, a valid and constitutional...