[ G. R. No. 40487. August 07, 1934 ] G. R. No. 40487
[ G. R. No. 40487. August 07, 1934 ]
PELAGIO COSTELO ET AL., PLAINTIFFS AND APPELLEES, VS. CARMELINO MALAZARTE, DEFENDANT AND APPELLANT. D E C I S I O N
V. ALBERT, CLERK, SUPREME COURT, P.I. 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 ________21st________day of July, 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 ___Maasin (Leyte), dated the 6th day of March, nineteen hundred and thirty-three, and from which the above-entitled appeal was taken, be, and the same is hereby, affirmed with the modification that it is understood that before proceeding to adjudicate to the members the assets and properties of the joint account association, the defendant must be reimbursed in the sum of P1,138.93, for which reimbursement the properties of the association will be sold if deemed necessary, without special pronouncement as to costs.
It is further ordered that xx___________xx_ xx___________ xx___________ recover from xx_ xx___________xx___________ the sum of P__xx__, as costs.