On Rehearing
MERRILL, Justice.Appellant earnestly insists that he and his counsel are not at fault because the motion for the new trial became discontinued and the transcript of the evidence was filed on an incorrect date. He concedes that to grant a rehearing in this cause, we would have to overrule many decisions which we followed as precedent in holding that since the motion for a new trial became discontinued, the time for filing the transcript must begin to run from the date on which the appeal was taken. We are not willing to overrule those authorities.
However, subsequent to the announcement of our decision in this cause, we have read a letter from the trial judge and an affidavit of the court reporter, taking upon themselves the blame for certain deficiencies which compelled us to dismiss the appeal, and absolving appellant and his counsel of any blame therefor. In view of these peculiar circumstances, we have read the record and carefully and minutely considered every point raised in appellant’s brief. We are clear to the conclusion that had the appeal not been dismissed, the judgment of the circuit court would have been affirmed.
Application for rehearing overruled.
LIVINGSTON, C. J., and LAWSON and COLEMAN, JJ., concur.