1. A ground of a motion for a new trial alleging error in admitting the testimony of a named witness “as set out in the brief of evidence,” is fatally defective, for the reason that it fails to set forth the testimony to which it refers.

2. The evidence, though not of the strongest or most convincing character, was sufficient to warrant the verdict, and this court will not overrule the discretion of the trial judge in refusing to set it aside. Judgment affirmed.