GR L 14550; (October, 1918)

EN BANC

G.R. No. L-14550; October 15, 1918

CESAREO CABABAN, plaintiff,

vs.
JOHN P. WEISSENHAGEN and SIXTO CAMARA, defendants.

Troadio Galicano for plaintiff.
No appearance for defendants.

FISHER, J.:

The final judgment in this case was rendered August 2, 1918. To this judgement the defendant excepted in writing the following day. He might have taken a bill of exceptions and upon his appeal might have urged all the questions he now seeks to raise by this proceeding. Upon the facts we are of the opinion that no relief can be grated under section 513, Code of Civil Procedure. The judgment complained of was not rendered against petitioner upon default. On the contrary, he answered and was represented at the hearing by counsel. His failure to attend court and produce evidence did not constitute a default. The refusal of the court to grant a continuance may have been error, and might have been ground for a reversal had the case been brought here by appeal, but cannot be corrected by such a proceeding as this. 1awph!l.net

The petition is denied and the case is dismissed. So ordered.

Torres, Johnson, Street, Malcolm and Avanceña, JJ., concur.

Batas Pinas