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Averia vs. Reboldera

G.R. No. L-4131 March 9, 1908 Tracey

Republic of the Philippines
Supreme Court
Manila

En Banc

[ G.R. No. L-4131, March 9, 1908 ]

SERAPIO AVERIA, plaintiff-appellant,

vs.

LUCIO REBOLDERA, defendant-appellee.

Lucas Paredes for appellant.

Antonio M. Jimenez for appellee.

Tracey, J.:

This action was presumably brought to obtain a settlement of a disputed rule of the cockpit. The appeal is premature for the reason that the decision of the Court of First Instance was an order sustaining a demurrer to the complaint, no final judgment having been entered. An appeal does not lie to this court from an interlocutory order sustaining or overruling a demurrer. To be appealable a decision of the court below must be final. (Code of Civil Procedure, sec. 123.) For this reason the appeal is dismissed, with costs of this instance against the appellant. So ordered.

Arellano, C.J., Torres, Mapa, Johnson, Carson, and Willard, JJ., concur.

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