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151 Ga. App. 155

259 S.E.2d 159

Davis v. Gamble

Court of Appeals of Georgia

Decided September 4, 1979

Court of Appeals of Georgia · decided 1979-09-04

Relies on 138 Ga. App. 810 - Dual S. Enterprises, Inc. v. Webb · 125 Ga. App. 325 - Airport Associates v. Audioptic Instructional Devices, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1979-09-04

How this case has been cited

Cited by 4 later decisions — most recently February 2000

4 state decisions

201979198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Underwood, Judge.

¶1 The order appealed from provides: "This is a garnishment action. The defendant filed a traverse to the plaintiffs’ affidavit and a hearing was held. The court after consideration of the argument of counsel and briefs submitted hereby SUSTAINS the traverse and dissolves the garnishment.”

¶2 As no evidence was introduced and the record consists only of the affidavit and the traverse, both of which are in the form prescribed by Code Ann. § 46-605, and no reason for the sustaining of the traverse can be gleaned from the record, the judgment must be reversed.

¶3 While there are various contentions in the briefs as to what has, or has not, transpired, and as to what is, or is not, the law as applied to those variously hypothecated states of fact, none of this appears of record, and "assertions of counsel as to what transpired below cannot take the place of the record or transcript . . .” Dual S. Enterprises v. Webb, 138 Ga. App. 810, 816 (227 SE2d 418) (1976). "The appellate courts simply cannot nor are they authorized by law to infer from statements of counsel in their briefs facts which never managed an introduction into or even a nodding acquaintance with the record.” Airport Assoc. v. Audioptic &c., Inc., 125 Ga. App. 325, 326 (187 SE2d 567) (1972).

¶4 Judgment reversed.

McMurray, P. J., and Banke, J., concur. *156 C. Ronald Patton, for appellant. Douglas Slade, for appellees.
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