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Leyte-Samar Sales Co., Et Al. Vs. Sulpicio V. Cea, Et Al. 093 Phil 100

THE LEYTE-SAMAR SALES CO., and RAYMUNDO TOMASSI, petitioners, vs. SULPICIO V. CEA, in his capacity as Judge of the Court of First Instance of Leyte and OLEGARIO LASTRILLA, respondents.

G.R. No. L-5963 | 1953-05-20

D E C I S I O N


BENGZON, J.:

Labeled "Certiorari and Prohibition with Preliminary Injunction" this petition actually prays for the additional writ of mandamus to compel the respondent judge to give due course to petitioners' appeal from his order taxing costs. However, inasmuch as according to the answer, petitioners through their attorney withdrew their cash appeal bond of P60 after the record on appeal had been rejected, the matter of mandamus may summarily be dropped without further comment.

From the pleadings it appears that,

In civil case No. 193 of the Court of First Instance of Leyte, which is a suit for damages by the...