[G.R. No. 10950. August 26, 1915. ]
GEORGE WHALEN, Petitioner, v. B. ROSE ET AL., Respondents.
Beaumont & Tenny for Petitioner.
John Bordman for respondents B. Rose and Melecio Montinola.
J. McMicking in his own behalf.
1. CERTIORARI; ORIGINAL ACTION IN THE SUPREME COURT; WHEN NOT FAVORED. — The complainant in this original action of certiorari seeks to avoid a judgment of a justice of the peace of Iloilo on the ground that he did not have jurisdiction of the defendant’s person. This court declines to entertain the action and refers the complaint to the Court of First Instance of Iloilo for redress, in accordance with the rule of practice laid down in former decisions that parties should ordinarily prosecute such actions in the proper Court of First Instance. The fact that the complainant a resident of Manila does not take the case out of the rule since both the justice of the peace and the adverse party are residents of Iloilo, and it is not shown that the Iloilo court is not available to the complainant.
D E C I S I O N
The plaintiff brought this original action of certiorari in the Supreme Court for the purpose of having reviewed a judgment entered in the justice of the peace court of the municipality of Iloilo. The justice of the peace, and B. Rose of Iloilo, and the sheriff of Manila are defendants.
B. Rose instituted in the justice of the peace court of the city of Iloilo on the 21st of April, 1915, a civil action against the herein plaintiff, George Whalen, to recover the sum of P100, with interest and costs. On the 22d of April, 1915, a summons was issued by the justice o