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Soncuya vs. Azarraga, et al

JOSUE SONCUYA, plaintiff-appellant, vs. JUAN AZARRAGA ET AL., defendants-appellants.

G.R. No. 43579 | 1938-06-14

D E C I S I O N


DIAZ, J:

This case is now before us on appeal from the Court of First Instance of Capiz. After trial, the plaintiff filed a second amended complaint, which the lower court at first refused to consider, but later on admitted after it was convinced that the allowance thereof was proper in order to make the allegations conform to the established facts. This was done without the defendants interposing any exception, notwithstanding that they had previously opposed the admission of the amendment. They did not afterwards and do not now, in their brief on appeal, question the aforesaid amendment.

It appears from the...