EN BANC
[G.R. No. 21101. November 12, 1923. ]
PACIFIC COMMERCIAL COMPANY, ASIATIC PETROLEUM COMPANY (P. I.) , LTD., and INTERNATIONAL BANKING CORPORATION, Petitioners-Appellants, v. ANTONIO CAMPOS RUEDA and JOSE CAMPOS RUEDA, partners-appellees.
Ross, Lawrence & Selph, J. A. Wolfson and Jose Yulo, for Appellants.
Antonio Sanz, for Appellees.
SYLLABUS
1. INVOLUNTARY INSOLVENCY; SCOPE OF JUDICIAL ORDER QUASHING PREVIOUS ORDER. — The pronouncement prayed for and made in the case of Campos Pueda & Co. v. Pacific Commercial co. (44 Phil., 916), was one declaring insolvent the partnership Campo Y Rueda & Co. The conclusion of herein petitioners that .he annulment by the lower court of a previous order directing the receiver to take possession of the books, papers, and private property of the partners, and prohibiting the payment to the latter of their private credits and the collection of debts, render, this court’s aforesaid judgment ineffective, since the partners of said company were not summoned individually nor heard in that proceeding, is untenable.
D E C I S I O N
ROMUALDEZ, J.:
The petitioners appeal from an order of the Court of First Instance of Manila setting aside a previous order which directed the receiver to take possession of the books, papers, and private property of the partners, and prohibited the payment to the latter of their private credits, and the collection of their debts.
The appellants contend that with the annulment of said order, judgment of this court of August 28, 1922, in case G. R. No. 18703 becomes ineffective.
Such a conclusion is untenable, considering that the pronouncement prayed for and made in said case G. R. No. 18703 was one declaring insolvent the partnership Campos Rueda & Co., the partners not having been individually summoned or heard in that proceeding.
The order appealed from is hereby affirmed, with the costs against the appellants. So ordered.
Johnson, Street, Malcolm, Avanceña, Villamor and Johns, JJ., concur.
The appellants contend that with the annulment of said order, judgment of this court of August 28, 1922, in case G. R. No. 18703 becomes ineffective.
Such a conclusion is untenable, considering that the pronouncement prayed for and made in said case G. R. No. 18703 was one declaring insolvent the partnership Campos Rueda & Co., the partners not having been individually summoned or heard in that proceeding.
The order appealed from is hereby affirmed, with the costs against the appellants. So ordered.
Johnson, Street, Malcolm, Avanceña, Villamor and Johns, JJ., concur.
Endnotes:
1. Campos Rueda & Co. v. Pacific Commercial Co., 44 Phil., 916.
