
    BASS v. MURRAY CO. et al.
    (No. 8192.)
    (Court of Civil Appeals of Texas. Dallas.
    May 24, 1919.
    Rehearing Denied June 21, 1919.)
    1. Appeal and Error <&wkey;719(l) — Fundamental Error — Assignment oe Errors— Garnishment Proceedings.
    In garnishment proceedings, court’s refusal to suspend trial of cause pending outcome of action by judgment debtor to set aside judgment is not fundamental error, and cannot be considered on appeal, in absence of assignment of error under Yernon’s Sayles’ Ann. Civ. St. 1914, art. 1612.
    2. Appeal and Error &wkey;>719(l) — Fundamental Error — Assignment op Error-Garnishment Proceedings.
    Tn garnishment proceedings to collect judgment, wherein judgment debtor intervened and moved to quash writ of garnishment for defect in affidavit, court’s refusal to permit jury to pass on issue of fact raised by pleadings of intervener and affidavit for garnishment did not show fundamental error and cannot be considered on appeal, in absence of assignment of error, under Yernon’s Sayles’ Ann. Civ. St. 1914, art. 1612.
    3. Appeal and Error <&wkey;719(l) — Fundamental Error — Assignments op Error.
    In garnishment proceeding to collect judgment, wherein judgment debtor intervened and moved to quash writ of garnishment for defect in affidavit, court’s refusal to sustain motion did not show fundamental error, and cannot be considered on appeal, in absence of assignment of error, under Yernon’s Sayles’ Ann. Civ. St. 1914, art. 1612.
    4. Appeal and Error &wkey;>719(8) — Fundamental Error — Assignment op Error.
    ' In garnishment proceedings to collect judgment, where judgment debtor intervened and moved to quash writ, rendition of judgment against judgment debtor as principal and srfreties on replevy bond did not show fundamental error, and cannot be considered on appeal, in absence of assignments of error under Vernon’s Sayles’ Ann. Civ. St. 1914, art. 1612.
    Appeal from District Court, Dallas County ; E. B. Muse, Judge.
    Garnishment proceeding by Y. O. McAdams against the City National Bank of Dallas to collect judgment rendered in favor of the Murray Company against J. P. Bass and W. E. Barrow, and assigned to Y. O. McAdáms, in which J. P. Bass intervened and moved to quash writ of .garnishment for defect in affidavit. Judgment for plaintiff, and inter-vener appeals.
    Affirmed.
    Scott, Fagan & Cardwell, of Dallas, for appellant.
    W. L. Curtis and J. J. Eekford, both of Dallas, for appellees.
   RAINEY, C. J.

Appellee the Murray Company, owning a judgment against J. P. Bass and W. E. Barrow, assigned it to Y. O. Mc-Adams, who, seeking to collect it, sued out a writ of garnishment against the City Nar tional Bank of Dallas, which was served on the bank. The bank answered, in effect, that it had on deposit in the name of J. P. Bass the- sum of $977.77. Bass intervened and moved to quash the. writ of garnishment for defect in the affidavit. On a trial, judgment was entered for plaintiff, and Bass appeals.

Appellant presents four assignments of error as fundamental, which are set out in the briefs, but which are not shown in the transcript, nor is there any motion for new trial made below. The appellees object to the consideration of said assignments, on the ground that they are not shown by the transcript to have been filed in the court below. Said assignments as presented are:

(1) “The trial court committed, fundamental error, apparent upon the face of the record, in failing and refusing to suspend the trial of this cause pending the outcome of cause No. 28538B. filed in said court by J. P. Bass to set aside the original judgment rendered against him and W. B. Barrow, on the ground of fraud.”
(2) “The trial court erred in denying the in-tervener, J. P. Bass, the right to have a jury pass on the issues of fact raised by the pleadings of said intervener and the affidavit for garnishment filed by Y. O. McAdams.”
(3) “The trial court erred in failing and refusing to sustain intervener’s motion to quash the affidavit for garnishment.”
(4) “The trial court erred in rendering judgment on the replevy bond against J. P. Bass, as principal, and Ross M. Scott, J. J. Fagan, and W. B. Starr, as sureties.”

None of the assignments show fundamental error, and. under the statute we cannot consider any of them, and we are constrained not to consider them. Vernon’s Sayles’ R. S. 1914, art. 1612; Phillips v. Webb, 40 S. W. 1011; Wilson v. Johnson, 94 Tex. 272, 60 S. W. 242.

There being no assignment of error presented in the transcript, the judgment is affirmed. 
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