You're currently signed in as:
User
Add TAGS to your cases to easily locate them or to build your SYLLABUS.
Please SIGN IN to use this feature.
https://www.lawyerly.ph/juris/view/c6ca?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09
[TAN CONG v. M. L. STEWART](https://www.lawyerly.ph/juris/view/c6ca?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
{case:c6ca}
Highlight text as FACTS, ISSUES, RULING, PRINCIPLES to generate case DIGESTS and REVIEWERS.
Please LOGIN use this feature.
Show printable version with highlights

[ GR No. 4073, Sep 12, 1908 ]

TAN CONG v. M. L. STEWART +

DECISION

11 Phil. 271

[ G.R. No. 4073, September 12, 1908 ]

TAN CONG, PETITIONER AND APPELLANT, VS. M. L. STEWART, ACTING DIRECTOR OF PRISONS, RESPONDENT AND APPELLEE.

D E C I S I O N

CARSON, J.:

This is an appeal from the decision of a single justice of this court in habeas corpus proceedings, discharging the petitioner who was detained "by reason of civil proceedings, the proceedings upon  appeal  in such cases are prescribed in Act  No. 654, in section 1  whereof  it is provided that
"*  *  *If the order of the court or  judge be that the prisoner should be released, the appeal  shall be taken in the name of the officer or person detaining him.  But if the detention is by reason of civil proceedings, the party in interest or the person who caused the imprisonment or detention  shall be  entitled  to: control the appeal  in  the case last referred to. *  *  *"
The appeal in this case was not taken in the name of the officer or person detaining the petitioner, but appears rather to have been taken in the name of the person who caused the imprisonment or detention, and the appeal should therefore be  dismissed, with the costs de oficio.   So ordered.

Arellano, C. J., Torres, Mapa, Willard, and Tracey JJ., concur.

tags