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Han vs. David

ONG SU HAN, petitioner, vs. JOSE GUTIERREZ DAVID, Judge of First Instance of Manila, TAN ENG GEE, and THE SHERIFF OF THE CITY OF MANILA, respondents.

G.R. No. L-265 | 1946-04-24

D E C I S I O N

BENGZON, J:

Now against comes Ong Su Han in an effort to delay the carrying out of the judgment of the Manila Court of First Instance, ordering him to vacate the premises belonging to respondent Tan Eng Gee. Writ of execution of that decision had been issued last December but it had not yet been executed, when on January 18, 1946, he filed in that court a motion for suspension under Commonwealth Act. No. 689. The court refused to suspend. Hence, this application for certiorari and allied remedies.

The material facts are not disputed: On April 2, 1945, Tan Eng Gee sued herein petitioner, in the Municipal Court of Manila,...