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Tiamco vs. Diaz [DISSENTING, FERIA, J.]

ANTONIO CO TIAMCO, petitioner, vs. POMPEYO DIAZ, Judge of First Instance of Manila, YAO BOOM SIM (alias Co Hue), YAO KA TIAM (alias Chua Kui), and SY GUI GAM (alias Go Si Pio), respondents.

G.R. No. L-7 | 1946-01-22

FERIA, J., with whom concur JARANILLA DE JOYA, and PABLO, JJ.dissenting:

This a petition for mandamus to compel the respondent Judge to take cognizance of, or proceed to try on the merits, the appealed case which the said respondent dismissed, upon motion of the adverse party, on the ground that the Municipal Court had no jurisdiction to try the case on the merits, because the complaint does not allege facts showing that the action is one of unlawful detainer falling within its jurisdiction, and therefore, the Court of First Instance could not try the case on the merits in the exercise of the latter’s appellate...