On Motion for Rehearing.
The judgment appealed from was rendered in the court below on January 21, 1924, at which time appellant gave the usual formal notice of appeal. More than two days later, on January 26, 1924, appellant filed a motion for new trial, which was considered and overruled by the court on January 28, 1924, when appellant again gave formal notice of appeal. The case was one in which the statute required that the appeal bond be filed in the trial court within 20 days after the giving of notice of appeal. Apjjellant filed its appeal bond on February 13, 1924, which was more than 20 days after the rendition of the judgment appealed from and the giving of the first notice of appeal, but within 20 days of the overruling of the motion for new trial and the giving of the second notice of appeal.
When the cause was submitted in this court, appellee filed and urged a motion to dismiss the appeal, upon the ground that the appeal bond was filed too late to be effectual, but the motion was overruled without comment by this court. At the instance of appellee we find the foregoing facts.
Appellee’s motion for rehearing, however, will be overruled.