On Motion for Rehearing.
Counsel for appellant insists that this court should decide the substantive issues in this case. See in this connection *358Murray v. Johnson, 222 Ga. 788 (152 SE2d 739). However, it is impossible for this court to declare that the trial judge committed error when he considered a stipulation of the parties and evidence and the stipulation and evidence have not been preserved or reconstructed as provided by law so as to be available for review by this court.
Nor do we think the trial judge is required to consider depositions on file (Code Ann. § 81A-156 (c); Ga. L. 1966, pp. 609, 660; 1967, pp. 226, 238) when the parties "stipulated certain evidence” and "all agreed that there was no dispute between them concerning the facts and the court based its decision upon the agreed statement of facts presented.”
Rehearing denied.