Practice question
A sheriff receives a writ identifying machinery, but without first demanding its delivery he proposes breaking open the enclosure merely because force is quicker. No refusal or nondelivery after demand is shown. Which Section4 prerequisite is absent?
- The required demand and nondelivery before that forcible access
- Only the creditor’s preference
- Only the machine’s color
- Only a new witness oath
- Only the plaintiff’s occupation
Legal references
- Rules of Court specified Rules58–61: https://lawphil.net/courts/rules/rc_1-71_civil.html Rule60 Sections2–4 and7–8.
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