FACTS: Agustin Garcia Gavieres filed a document in the Supreme Court on May 4, 1907, initiating an action against William Robinson and the Sheriff of Manila, seeking a preliminary injunction to prevent the sale of property. This action was distinct from a case already pending before the Supreme Court on a bill of exceptions, in which the administrators of the intestate estate of Luisa Pena and William Robinson were defendants. Key differences in parties existed between the two proceedings, notably the absence of Luisa Pena’s administrators in the new action. The defendants in the new action demurred to the complaint.

ISSUE: Whether the Supreme Court has jurisdiction to entertain an original action for a preliminary injunction when the parties and subject matter are not identical to a case already pending before it on a bill of exceptions.

RULING: The Supreme Court ruled that it did not have jurisdiction over the original action for a preliminary injunction. While it could grant such injunctions in cases pending on bills of exceptions or in certain specific original actions (mandamus, certiorari, prohibition, quo warranto), the present case did not fall into either category. The court sustained the demurrer, allowing the plaintiff five days to amend the complaint, failing which final judgment would be entered for the defendants.