Jose Zulueta vs Francisca Zulueta
April 30, 1902
Ladd, J

Jose Zulueta and Francisca Zulueta are sole heirs under the will of their father clemente zulueta
both failed to agree in the division of the state

june 5, 1901 
no agreements has been reached
Francisca Zulueta petition the court to suspend the proceedings until the new code of procedure enacted by the civil commission was operative because it is more advantageous to her rights

June 15
her peition was denied in "auto rendered"  due to expiration of filling of demand.  

June 22
she peitioned for a reform of the "auto"  but was denied on the same day by justice Mapa (recently consituted because the previous one has illness) because the reformed should by appealed under article 365 ley de Enjuiciamiento Civil

June 29
she filed an appeal on the auto of june 22 presided by a regular judge but was declined to admit because on the grounds that it was not presented within 3 days as prescribed in article 363 ley de Enjuiciamiento Civil but was approved

July 16
By petition of Jose Zulueta partition proceedings were approved

Fracisca Zulueta filed another petition under Act No. 75 of the Civil Commission 
 - allegging that the auto of june 22 was rendered in error because the judge had no jurisdiction
 - that she was prevented from entering an appeal because of the auto of june 22
 - that the auto of july 16 was void because the auto of june 22 was in error

Issues:
 1. wether or not Justice Mapa had no jurisdiction or defacto authority
 2. wether or not francisca zulueta is still entilted to relief by being mistake in understanding the requirement prescribed in entering appeals
 3. wethere or not fracisca zulueta peition for suspension till the new code went into effect has merit