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Jose R. Cruz Vs. Reynaldo Pahati 098 Phil 788

JOSE R. CRUZ, plaintiff-appellant, vs. REYNALDO PAHATI, ET AL., defendants-appellees.

G.R. No. L-8257 | 1956-04-13

D E C I S I O N


BAUTISTA ANGELO, J.:

This is an action of replevin instituted by plaintiff in the Court of First Instance of Manila to recover the possession of an automobile and certain amount as damages and attorney's fees resulting from his illegal deprivation thereof.

The original defendants were Reynaldo Pahati and Felixberto Bulahan but, upon amendment of the complaint, Jesusito Belizo was included as party defendant who was summoned by publication because his whereabouts were not known. Belizo failed to appear or answer the complaint and so he was declared default.

Pahati admitted having bought the automobile from Bulahan, for...