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Policarpo Radaza Vs. Francisco D. Enaje

POLICARPO RADAZA, protestant-appellant, vs. FRANCISCO D. ENAJE, protestee-appellee.

G.R. No. 30837 | 1929-03-27

D E C I S I O N


ROMUALDEZ, J.:

In these proceedings the protestee filed the following motion for dismissal of the protestant's petition:
"Comes now the protestee in the above entitled case through his undersigned attorneys, and respectfully prays the court to finally dismiss the case, on the ground:
"That the court has no jurisdiction over the subject matter of the controversy; or
"That there is no subject matter involved, which may be submitted to the court's jurisdiction."
This motion is based upon the following facts, to wit:
"1. It appears from the motion of protest itself: (a) That luck favored the protestant in the lots drawn on...