Provrem - Olsen VS Olsen
Provrem - Olsen VS Olsen
Provrem - Olsen VS Olsen
OLSEN The appellate court has the power to revoke or confirm said order, in
G.R. No. L-23237 November 14, 1925 like manner as a judgment on the merits; because it is a ruling to
which an exception may be taken, and therefore is subject to review
FACTS: in an appeal by bill of exceptions. (Secs. 141-143, Act No. 190.) The
fact that section 441 of the Code of Civil Procedure does not provide
any remedy against the granting or denial of a motion for the
Respondent Walter E. Olsen, was the president-treasurer and general
annulment of a writ of preliminary attachment, except in case of
manager of petitioner corporation. He exercised direct and almost
excess of jurisdiction, does not confer upon said order a final and
exclusive supervision over its function, funds and books of account
irrevocable character, taking it out from the general provisions as to
up until August 1921.
appeal and review, for a special provision is necessary for that
purpose.
During that time he has been taking money of the corporation
without being duly authorized to do so either by the board of
directors or by the by-laws, the money taken by him having
amounted to the considerable sum of P66,207.62. Of this sum,
P19,000 was invested in the purchase of the house and lot, which was
now under attachment in this case, and P50,000 in the purchase of
500 shares of stock of Prising at the price of P100 per share for
himself and Marker. A few days afterwards, he began to sell the
ordinary shares of the corporation for P430 each.
ISSUE:
RULING:
ISSUE:
RULING: