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460 S.W.2d 177

Franks v. Mahon

Court of Appeals of Texas

Decided November 5, 1970

Court of Appeals of Texas · decided 1970-11-05

Relies on Ehrhardt v. Ehrhardt

Decided 1970-11-05

¶1OPINION

McDONALD, Chief Justice.

¶2This is an appeal from an order quashing a writ of garnishment.

¶3Appellant caused transcript to be filed containing only 1) Motion to Quash writ of garnishment, 2) Order quashing writ of garnishment and dismissing proceeding, and 3) Appeal bond. Appellant brings forward no statement of facts.

¶4Appellant appeals on one point: The garnishment action should not have been quashed and dismissed since appellant may, under proper circumstances, garnish a Receiver in Bankruptcy or Disbursing Agent under Chapter XI of the Bankruptcy Act”.

¶5Appellee has filed motion to dismiss appeal for want of jurisdiction, asserting appellant has not filed sufficient transcript to give this court jurisdiction.

¶6The judgment and appeal bond give this court jurisdiction. However, the transcript filed presents no error and there is no statement of facts.

¶7In the absence of a Statement of Facts it must be presumed on appeal that the judgment of the trial court is correct. Ehrhardt v. Ehrhardt, Tex.Civ.App., Er. Ref., 368 S.W.2d 37.

¶8Affirmed.

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