Supreme Court decision · Remedial Law

Averia v. Reboldera

G.R. No. L-4131 · Promulgated March 9, 1908 · Ponente: Tracey

In brief

This case is about the dismissal of an appeal due to the interlocutory nature of the order sustaining a demurrer, emphasizing that only final judgments are appealable.

Demurrer, Interlocutory Order, Appealability, Final Judgment, Civil Procedure

Related cases

G.R. No. L-4469 Calderon v. McMicking (Previous decision in Remedial Law)
G.R. No. L-3855 Loreto v. Herrera (Next decision in Remedial Law)

Full text

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.