Kuntz v. Baehr

On Motion to Dismiss.

Wyly, J.

This is an appeal from a judgment on a motion to dissolve the injunction sued out by the plaintiff.

The defendant, „the appellee, moves to dismiss this appeal on the ground that the record is incomplete, because it does not contain the motion or exception on which the decree was rendered, and because the injunction bond is not in the transcript.

The mover is in error. The documents which he alleges are missing are in the record.

As to the writ and sheriff’s return referred to in the petition, it does not appear that they were received in evidence at the trial of the…