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Joseph Abelow Vs. Jose De La Riva 105 Phil 159

JOSEPH ABELOW, plaintiff-appellee, vs. JOSE DE LA RIVA, ET AL., defendants. LUZON SURETY CO., INC., bondsman-appellant.

G.R. No. L-12271 | 1959-01-31

D E C I S I O N


BENGZON, J.:

Appeal from the order of the Manila court of first instance directing the issuance of an alias writ of execution against the Luzon Surety Co., Inc.

In October 1950, Joseph Abelow filed in said court an action of replevin against Jose de la Riva and Gonzalo G. Padua to recover certain personal properties, plus damages. Having submitted the affidavit required by law with a "bond for manual delivery of personal property" under the provisions of Rule 62, subscribed by Luzon Surety Co. Inc., plaintiff secured an order for seizure and delivery to him of the properties. This order was duly served by the sheriff,...