Back

Godofredo B. Herrera vs. Alberto Barretto [DISSENTING OPINION, TRENT, J.]

GODOFREDO B. HERRERA, as municipal president of Caloocan, petitioner, vs. ALBERTO BARRETTO, judge of First Instance of Rizal, and CONSTANCIO JOAQUIN, respondents.

G.R. No. 8692 | 1913-09-10

Separate Opinions

TRENT, J., dissenting:

I dissent.

I cannot concur with my brethren in the disposition of this case, first, because the court, notwithstanding that it has decreed that the injunction was wrongfully issued against the defendant, refuses to now entertain his claim for damages for such wrongful issuance; and, second, because the majority opinion is directly in the teeth of the decisions of this court in Somes vs. Crossfield (9 Phil. Rep., 13) and Macatangay vs. Municipality of San Juan de Bocboc (9 Phil. Rep., 19). The court does not attempt to say that the defendant has not suffered damages. It simply refuses to hear him on...