Supreme Court · En Banc
0Chiye Magatinge vs. La Electricista
Republic of the Philippines
Supreme Court
Manila
En Banc
[ G.R. No. 1128, April 29, 1903 ]
CHIYE MAGATINGE, petitioner,
vs.
LA ELECTRICISTA, respondent.
Federick G. Waite for petitioner.
Jose Robles and Davis and Cohn for respondent.
Ladd, J.:
The defendant demurred to the complaint, and while the demurrer was still pending filed an answer. These two pleadings can not stand together. The effect of the filing of the answer was to supersede the demurrer. The motion to strike out the demurrer should be granted. So ordered.
Arellano, C.J., Torres, Cooper, Willard and Mapa, JJ., concur.
McDonough, J., did not sit in this case.