Supreme Court decision · Criminal Law

Fuster v. Johnson

G.R. No. 1188 · Promulgated January 31, 1903 · Ponente: Arellano

In brief

This case is about the denial of an injunction restraining a judge from continuing criminal case proceedings after overruling a demurrer.

Demurrer, Injunction, Mandamus, Criminal Case, Order Overruling

Related cases

G.R. No. 975 United States v. Dacotan (Previous decision in Criminal Law)
G.R. No. 971 United States v. Viloria (Next decision in Criminal Law)

Full text

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. 1188 January 31, 1903

GABRIEL FUSTER, petitioner,
vs. E.F. JOHNSON, judge of first instance of Manila, respondent.

Francisco Dominguez, for petitioner. E.F. Johnson, respondent.

ARELLANO, C.J.:

The plaintiff has appealed against an order overruling a demurrer in a criminal case and asks that an injunction be issued restraining the judge below from continuing the proceedings until this court passes upon the action of mandamus brought against him. The order in question not being appealable under section 24 of the General Orders, No. 58, series of 1900, there is nothing which can prevent the continuation of the case.

The application for an injunction is therefore denied, with costs.

Torres, Cooper, Willard, Mapa, and Ladd, JJ., concur.