Back

Co Tiamco vs. Diaz [DECISION]

ANTONIO CO TIAMCO, petitioner, vs. POMPEYO DIAZ, Judge of First Instance of Manila, YAO BOOM SIM (alias Co Hue), YAO KA TIAM (alias Chua Kui), and SY GUI GAM (alias Go Si Pio), respondents.

G.R. No. L-7 | 1946-01-22

DECISION
 
MORAN, C.J.:
 
Antonio Co Tiamco filed an action in the municipal court of Manila against Yao Boom Sim (alias Co Hue), Yao Ka Tiam (alias Chua Kui), and Sy Gui Gam (alias Go Si Pio) for unlawful detainer of the building located at 503 Sto. Cristo, Street, Manila.  At the trial, plaintiff offered Exhibit A as evidence, which is a notice to quit alleged to have been served upon defendants prior to the action.  Objection was made to the evidence upon the ground that the fact sought to be proved thereby was not alleged in the complaint.  The objection was sustained, and an action for mandamus was...