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Municipality of Victorias vs. Victorias Milling Co., Inc.

THE MUNICIPALITY OF VICTORIAS, plaintiff-appellant, vs. VICTORIAS MILLING CO., INC., defendant-appellee.

G.R. No. 45524 | 1939-05-04

D E C I S I O N


CONCEPCION, J:

This is an appeal taken by the municipality of Victorias, Occidental Negros, from the decision of the Court of First Instance of said province which held that municipal ordinance No. 4, series of 1930, is not binding upon the private market of the appellee Victorias Miling Co., Inc., and that if the said ordinance is to be applied to the latter, it would be ultra vires and invalid, wherefore, it ordered the dissolution of the writ of preliminary injunction issued by the court at the commencement of the action.

The municipality of Victorias filed a complaint against Victorias Milling Co., Inc., wherein it...