G.R. No. 1188 : January 31, 1903
GABRIEL FUSTER, petitioner, vs. E.F. JOHNSON, judge of first instance of Manila, respondent.

FACTS:
The petitioner, Gabriel Fuster, appealed against an order issued by the respondent judge overruling a demurrer in a criminal case. Concurrently, Fuster filed an application for an injunction seeking to restrain the judge from continuing the proceedings in the criminal case until the Supreme Court could resolve a separate action for mandamus brought against the judge concerning the same order.

ISSUE:
Whether the Supreme Court should grant the application for an injunction to halt the criminal proceedings pending its resolution of the mandamus action.

RULING:
The Supreme Court denied the application for an injunction. The Court held that the order overruling the demurrer was not an appealable order under Section 24 of General Orders No. 58 (the 1900 Code of Criminal Procedure). Since there was no legal impediment created by the non-appealable order, the criminal proceedings in the court below could lawfully continue. The denial was issued with costs against the petitioner.