GR 1128; (April, 1903) (Digest)
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G.R. No. 1128 : April 29, 1903
Case Title: CHIYE MAGATINGE, petitioner, vs. LA ELECTRICISTA, respondent.
FACTS:
The defendant (respondent) filed a demurrer to the complaint. While the demurrer was still pending and unresolved, the defendant subsequently filed an answer to the same complaint.
ISSUE:
Whether a defendant can simultaneously maintain a demurrer and an answer to the same complaint.
RULING:
No. The filing of an answer while a demurrer is pending supersedes the demurrer. The two pleadings cannot stand together. The Court granted the motion to strike out the demurrer.
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