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Velez vs. Martinez, et al

APOLINAR VELEZ, petitioner, vs. FELIx MARTINEZ, Judge of the Court of First Instance of Oriental Misamis, and RAMON CHACON, respondents.

G.R. No. 44447 | 1936-07-31

D E C I S I O N


DIAZ, J:

This is a petition filed to seek the annulment not only of a certain order of the Court of First Instance of Oriental Misamis issued by the respondent judge in civil case No. 4282, on June 29, 1935 (Exhibit D), but also the effects thereof and the proceedings had for its enforcement. The petition is based upon the allegation that the respondent judge acted in excess of his jurisdiction and abused his discretion in issuing said order, because the person against whom he rendered it was an entire stranger to the case, having had no interest therein except as judicial administrator of a estate.

The order in...