Opinion
21340.
SUBMITTED SEPTEMBER 11, 1961.
DECIDED OCTOBER 5, 1961.
Appellate procedure. Douglas Superior Court. Before Judge Foster.
Eugene B. Brown, for plaintiff in error.
Otis L. Davis, contra.
The motion here seeking to set aside and vacate the verdict and judgment required a test of the sufficiency of the evidence. No motion for new trial or its equivalent, supported by a brief of the evidence, was made. Therefore, the bill of exceptions is, upon motion, dismissed. Fairburn v. Fulton County, 216 Ga. 729 ( 119 S.E.2d 566).
Writ of error dismissed. All the Justices concur.