Punch v. Gerlach

Where rules are mentioned in this opinion, the references are to Texas Rules of Civil Procedure.

The Court of Civil Appeals on its own motion struck the statement of facts in this case from the record, and, finding that all of the appellants’ (petitioners’) points of error depended for their effectiveness upon the existence of facts., it affirmed the judgment of the trial court. 260 S.W. 2d 240.

The statement of facts was duly certified by the official court reporter, approved by the attorneys for the respective parties, and presented to the trial judge, who endorsed his approval thereon and…