[ G.R. No. 9959. February 09, 1917 ] 36 Phil. 237
[ G.R. No. 9959. February 09, 1917 ]
THE GOVERNMENT OP THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. EL MONTE DE PIEDAD Y CAJA DE AHORROS DE MANILA, DEFENDANT AND APPELLANT. D E C I S I O N
The decision rendered in this case was filed in the office of the Clerk of the Court on December 13, 1916.[1] The parties were notified on the 14th of the same month. Judgment was entered by the Clerk of the Court on January 4, 1917. The record was returned to the lower court on January 15, 1917. Later a writ of execution was issued and delivered to the sheriff. Subsequently, on January 25, 1917, counsel for the defendant filed in this Court a motion praying for a stay of execution of the judgment and return of the record for the purposes of the writ of certiorari which the defendant seeks to sue out before the Supreme Court of the United States. After due consideration therof, the said motion is denied for the reason that the record has already been returned to the Court of First Instance for execution of the judgment.
Justice Trent is of the opinion that the motion should be granted.