Opinion
No. 1467.
April 19, 1923.
Appeal from Comanche County Court; F. J. Reese, Judge.
Proceeding between Swift Co. and J. B. Jeffrey Son. Judgment for the latter, and the former appeals, Affirmed.
Y. W. Holmes, of Comanche, for appellant.
R. F. B. Logan, of De Leon, for appellees.
There is but one assignment, which is to the effect that the judgment is contrary to the undisputed evidence.
There is copied into the transcript what purports to be a statement of facts signed by counsel for appellant, but it is not signed by appellees nor their counsel; neither is it approved by the trial court. This so-called statement of facts cannot be considered. Texas, etc., v. Gonzales (Tex. Civ. App.) 211 S.W. 347; Scaling v. Collins (Tex. Civ. App.) 214 S.W. 624.
In the absence of a statement of facts, is must be presumed that the evidence supported the judgment.
Affirmed.