[ G. R. No. 36620. June 10, 1934 ]

[ G. R. No. 36620. June 10, 1934 ]

G. R. No. 36620

[ G. R. No. 36620. June 10, 1934 ]

JOSE MORENTE, PLAINTIFF AND APPELLEE, VS. CIRIACO CHUNACO, DEFENDANT AND APPELLANT.

D E C I S I O N

J. STEVENS-ACTING CLERK OF COURT

This court having regularly acquired jurisdiction for the trial of the above-entitled cause submitted by both parties for decision,after consideration thereof by the Court upon the record, its decision and order for the judgment having been filed on the ________25th________day of ________May________, A. D. nineteen hundred and _________thirty-four________;

By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of __________Capiz__________, dated the__________23rd______________ day of __________November_________, nineteen hundred and ___________twenty-nine____________, and from which the above-entitled appeal was taken, be, and the same is hereby, reversed and the writ of preliminary injunction issued by the lower court herein dissolved, It is further ordered and decreed that the record be returned to the lower court for such further proceedings as the parties may deem it advisableto have before the final dispositive of the case, in accordance with section 170 of the Code of Civil Procedure, for the purpose of ascertaining the amount of damages occasioned to the appellant by virtue of the illegal issuance of the said injunction. Costs shall be taxed against the appellee in both instances.

It is further ordered that the __________the appellant _________ from the __________the appellee _________ the sum of P_ 40.00 __, as costs.