
    24541.
    Ferguson v. Cosby.
    Decided September 4, 1935.
    
      M. A. Walker, for plaintiff in error. W. B. Short, contra.
   MacIntyre, J.

The only error assigned in the direct bill of exceptions in the instant case being one which can not be determined from the record without a consideration of an alleged agreed statement of facts which is not embodied in the bill of exceptions, or attached as an exhibit thereto and properly authenticated, or contained in a brief of evidence approved by the trial judge and made a part of the record (the only showing of such approval being an unsigned entry in the transcript), the judgment rendered by the court, without the intervention of a jury, finding the property subject to the execution, must be affirmed. Silvey v. Brown, 137 Ga. 104 (72 S. E. 907) ; Robinson v. Woodward, 134 Ga. 777 (68 S. E. 553) ; Federal Investment Co. v. Emng, 165 Ga. 435 (141 S. E. 65).

Judgment affirmed.

Broyles, O. J., and Guerry, J., concur.  