"There is no provision in law for setting aside a verdict except upon a motion for a new trial, or a motion equivalent to a motion for a new trial, except as provided in the Code of 1933, 6-804." New York Life Ins. Co. v. Cook, 182 Ga. 409 (1) (185 S. E. 711); Strickland v. Strickland, 213 Ga. 588 (100 S. E. 2d 460), and the cases there cited. The aforementioned section of the Code of 1933 ( 6-804) provides: "In any case where the . . . verdict necessarily has been controlled by one or more rulings, orders, decisions, or charges of the court, and the losing party desires to except to such verdict, and to assign error on the ruling, order, decision, or charge of the court, it shall not be necessary to make a motion for new trial, nor file a brief of the evidence, but the party complaining shall be permitted to present a bill of exceptions containing only so much of the evidence or statement of facts as may be necessary to enable the appellate court to clearly understand the ruling, order, decision, or charge complained of." Since in this case the excepting party does not complain of anything which occurred on the trial prior to the verdict, and since no motion for a new trial or the equivalent thereof was made and passed on, the bill of exceptions presents no question for consideration by this court, and the motion to dismiss it will be and is granted, though on a ground different from the one therein alleged. |