148 Ga. App. 95 | Ga. Ct. App. | 1978
The appellant obtained a judgment against appellee and thereafter filed an affidavit for process of garnishment. The appellee filed a traverse to appellant’s
1. The controlling issue presented for consideration by this court is evidentiary: did the trial judge as fact finder, err in finding that an accord and satisfaction was reached between the parties? The record, however, is utterly devoid of a transcript of evidence, and "an appeal with enumerations of error dependent upon a consideration of the evidence heard by the trial court will, absent a transcript, be affirmed. [Cits.]” Chapman v. Conner, 138 Ga. App. 518 (226 SE2d 625). See Brown v. Donahoo, 141 Ga. App. 309 (1) (233 SE2d 269).
2. The trial court, having found that an accord and satisfaction was reached between the parties, did not err in dismissing the garnishment against the appellee.
Judgment affirmed.