September 1905 - Philippine Supreme Court Decisions/Resolutions
Philippine Supreme Court Jurisprudence
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G.R. No. 2879 September 25, 1905 - EDWIN CASE v. METROPOLE HOTEL AND RESTAURANT
005 Phil 49:
005 Phil 49:
EN BANC
[G.R. No. 2879. September 25, 1905. ]
EDWIN CASE, Plaintiff-Appellee, v. THE METROPOLE HOTEL AND RESTAURANT, SOCIEDAD ANONIMA, Defendant-Appellant.
Antonio Sanz, for Appellant.
Rafael Del-Pan, for Appellee.
SYLLABUS
1. PLEADING AND PRACTICE. — Adhering to Calvo v. Gutierrez (3 Off. Gaz., 193), this court will not on motion grant a stay of execution of a judgment of a Court of First Instance pending an appeal, where it appears that the court below denied a similar motion, and no change has taken place in the status of the parties or of the subject-matter, which would justify its interference to modify or annul the effect of the ruling of the court below.
D E C I S I O N
CARSON, J. :
This case having come here on appeal, the defendant and appellant moves for a stay of execution of the judgment pending the appeal.
It appears that the trial court denied a similar motion and we are of opinion that no change has taken place in the status of the parties or of the subject-matter, which would justify our interference to modify or annual the effect of the ruling of the court below.
Arellano, C.J., Torres, Mapa, Johnson and Willard, JJ., concur.
It appears that the trial court denied a similar motion and we are of opinion that no change has taken place in the status of the parties or of the subject-matter, which would justify our interference to modify or annual the effect of the ruling of the court below.
Arellano, C.J., Torres, Mapa, Johnson and Willard, JJ., concur.
