1. A.motion to dismiss a plaintiff’s petition because it “fails to set up a cause of action” is in effect a demurrer; and the refusal to sustain such a motion is not a proper ground for a motion for a new trial, but should be directly excepted to.

2. The refusal of the court to continue a case because of alleged surprise caused by the allowance of an amendment is not cause for reversal, unless the refusal was a clear abuse of discretion. No abuse of discretion *446appears here. Ga., F. & A. Ry. Co. v. Sasser, 4 Ga. App. 276 (61 S. E. 505).

3. The other assignments of error depend upon a consideration of the evidence; and, there being- no proper brief of the evidence, but a copy-of the stenographic report containing much immaterial matter, those assignments will not be considered by this court. Civil Code, § 5488; Albany & Northern Ry. Co. v. Wheeler, 6 Ga, App. 270 (64 S. E. 1114).

Judgment affirmed on main bill of exceptionsj cross-bill of exceptions dismissed.