[G.R. No. 6513. December 15, 1911. ]
FAUSTINO LICHAUCO, in his own name and in behalf of his coheirs, Eugenia, Clara, Julita, Luisa, Crisanto, Zacarias, Galo and Timotea Lichauco, Plaintiffs-Appellants, v. ANA ALEJANDRINO and her husband W. WEINMANN, Defendants-Appellees.
Ramon Salinas for Appellants.
No appearance for Appellees.
1. ACTION-ON CONTRACT; INTEREST; DEMAND. — Held: Under the facts stated in the opinion, that the defendant was not liable for interest upon the contract until after judicial demand had been made, there being no agreement to the contrary.
2. PLEADING AND PXACTICE; ATTORNEY AND CLIENT; APPEARANCE BY AGENT NOT AN ATTORNEY. — The Code of Procedure in Civil Actions provides that, in Courts of First Instance, a party may conduct his litigation personally or by the aid of an attorney (Sec. 34, Act No. 190), and his appearance in court must be personal or by the aid of a duly authorized member of the bar. Parties litigant can not appear by agents who are not attorneys-at-law. (Espiritu v. Crossfield and Vicente Guasch, No. 5313, Resolution of Court, Dec. 10, 1909.)
D E C I S I O N
On the 16th of July, 1908, the plaintiffs commenced an action against the defendants, in the Court of First Instance of Pampanga, for the purpose of recovering the sum of P1,657.75, with interest at 12 per cent from the said 16th of July, 1908.
To this complaint the defendants demurred, which de- murrer was, on the 23d of November, 1908, sustained by the Hon. Julio Llorente, judge. On the same day (the 23d of November, 1908) the plaintiffs filed an amended com- plaint against the de