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PHILIPPINE REPORTS ANNOTATED VOLUME 038

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Case Title: Select some text within a
LEUNG BEN, plaintiff, vs. P. J. paragraph and click here to
O'BRIEN ; JAMES A. OSTRAND copy the selected text. Citation
and GEO. R. HARVEY, judges of included.
First Instance of the city of
Manila, defendants.

Citation: 38 Phil. 182 [No. 13602. April 6, 1918

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LEUNG BEN, plaintiff,
P. J. O'BRIEN ; JAMES
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OSTRAND and GEO.
1. discussion, the English version
HARVEY, judges of Fi
of the Code of Civil Procedure is Instance of the city
controlling (sec, 15, Admin. Manila, defendants.
Code, ed. of 1917). Furthermore,
it is universally admitted to be
proper in the interpretation of 1. CERTIORARI;
any statute, to consider its
historical antecedents and its ISSUANCE
jurisprudential sources. The Code ATTACHMENT
of Civil Procedure, as is well
known, is an American WITHOUT
contribution to Philippine STATUTORY
legislation. It therefore speaks
the language of the common-law
AUTHORITY.—Wher
and for the most part reflects its Court of First Insta
ideas. When the draftsman of issues an attachment
this Code used the expression
"contract, express or implied," he which there is
used a phrase that has been long statutory authority, i
current among writers on
American and English law; and it acting irregularly and
is therefore appropriate to resort .excess of its jurisdict
to that system of law
in the sense necessary
justify the Supre
Court in entertaining
application for a wri
certiorari and quash
the attachment.

2. ID.; ID.; INADEQUA

REMEDY.—In su
case the remedy on
attachment bond or
appeal would not
sufficiently speedy
meet the exigencies
the case. Attachmen
an exceedingly viol
measure and
unauthorized issua
may result in
infliction of dam
which could never
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