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Maximo Cortes vs Jose Palanca Yu-Tibo 02 Phil 24

MAXIMO CORTES, plaintiff-appellant, vs. JOSE PALANCA YU-TIBO, defendant-appellee.

G.R. No. 911 | 1903-03-12

D E C I S I O N


MAPA, J.:

This suit was brought to obtain an injunction, in accordance with the provisions of sections 162 to 172 of the Code of Civil Procedure, for the purpose of restraining the continuation of certain buildings commenced by the defendant. The court below issued a preliminary injunction during the trial, but, upon rendering final judgment, dissolved the injunction, with the costs against the plaintiff. The latter excepted to this judgment and assigns error.

In the trial the following facts were admitted without contradiction:

(1) That house No. 65 Calle Rosario, this city, property of the wife of the plaintiff, has certain...