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Dias vs. Y. Torres, et al.

ALIPIO DAIS, plaintiff-appellee, vs. JOSE Y. TORRES and LEONA IBA?EZ, the latter substituted by her administrator ALFONSO DADIVAS, defendants. ALFONSO DADIVAS, appellant.

G.R. No. 36621 | 1933-02-25

D E C I S I O N

VICKERS, J:

This is an appeal by the defendant Alfonso Dadivas, administrator of the estate of the deceased Leona Ibañez, from a decision of Judge Leonardo Garduño of the Court of First Instance of Capiz, dated January 6, 1930. The other defendant, Jose Y. Torres, attempted to appeal, but his bill of exceptions was not filed within the time fixed by law and was disallowed by the trial judge. His petition for a writ of mandamus was denied by this court (G.R. No. 36476). 1 The decision of the trial court has therefore become final as to him.

On September 23, 1926 the plaintiff Alipio Dais filed a complaint in...