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Alipio N. Casilan Vs. Raymond Tomassi 098 Phil 360

ALIPIO N. CASILAN and RITA GALAGNARA, plaintiffs-appellants, vs. RAYMOND TOMASSI, ET AL., defendants-appellees.

G.R. No. L-9320 | 1956-01-31

D E C I S I O N


REYES, A., J.:

These two cases were commenced in the Justice of the Peace Court of Guiuan, Samar, one for the recovery of possession of real property and the other for the delivery of personal property. After repeated postponements - at times for more than 5 days and in all for more than 15 days - the cases were heard and decision was rendered in favor of plaintiffs. The defendants appealed to the Court of First Instance but that court, after the pleadings were in, ordered the cases dismissed for want of appellate jurisdiction to try them on the merits, this on the theory that the justice of the peace was ousted of his...