1. The facts stated in the bill of exceptions do not show that the trial judge abused his discretion in overruling the motion for a continuance of the motion for a new trial in the case.

2. The lower court having certified that no proper brief of the evidence was filed, or prepared and tendered, when the motion for a new trial ivas called for hearing in its regular order, this court can not say that the dismissal of the motion was error. Judgment affirmed.