Uy Piaoco vs Sergio Osmena

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Uy Piaoco vs Sergio Osmena
On the 7th of September, 1906, Uy Piaoco, a Chinaman, filed a complaint against the sheriff of the Court
of First Instance of Cebu, Sergio Osmena. Alleging that on or about the 24th of August of said year the
judge of First Instance of said province issued a writ of preliminary attachment upon request of Martina
Rodriguez, against the property of the Chinaman Dy-Siongco and Uy Chiam-Liong, by reason of a certain
amount due by the latter and on the same date the sheriff levied an attachment on the property
belonging to Uy Piaoco. The Sheriff without authority from any court and without any just reason
therefor, closed the aforesaid store owned by Uy Piaoco and placed under custody the goods therein
contained. Uy Piaoco claimed that Dy-Siongco and Uy Chiam-Liong no longer owns the property but him.
Issue: Whether or not the Sheriff has caused injury to Uy Piaoco.
Yes. The Sheriff disregarded the claim of Uy Piaoco's attorney in fact and maintained the attachment of
the property. It has injured the plaintiff by depriving him of possession of his personal property for
about seventy-five days, and in consequence thereof is bound to repair the injury caused, in accordance
with the provisions of article 1902 of the Civil Code, which treats of obligations arising from fault or
negligence. The responsibility-contracted by the defendant, Sergio Osmena, as sheriff of the Province of
Cebu, is limited to the damage caused by the attachment and retention of the goods and furniture the
store acquired by the plaintiff.

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