Defendant in error has filed and urged a motion to affirm on certificate and to dismiss this writ of error. No certificate has been filed. The following facts are gleaned from the motion and briefs: Judgment was rendered in favor of Mossier Acceptance Company and against J. B. Billingsley in the County Court at Law No. 2, Dallas County, July 21, 1937. "Bil-lingsley gave notice of appeal. Appeal bond was filed and approved August 6, 1937. Transcript was filed with the Dallas Court of Civil Appeals August 31, 1937. Billingsley failed to file a statement of facts within the time allowed by law. October 13, 1937, his motion for permission to file a statement of facts was overruled. He filed his petition for writ of error, together with bond, and the bond was approved November 12, 1937. Service of citation in writ of error proceeding was had on Mossier Acceptance Company November 15, 1937. December 2, 1937, the transcript and statement of facts in the writ of error proceeding were filed with the lower court and with the Dallas Court of Civil Appeals. Thereafter the writ of error proceeding was transferred to this Court. On motion of Billingsley, his appeal was dismissed November 13, 1937. It is nowhere alleged that transcript; was not filed timely in either proceeding.:
As said by Judge Hickman (speaking for the Eastland Court) in Hawkeys Securities Ins. Co. v. Cashion, Tex.Civ.App., 293 S.W. 664, 665: “The only ground provided by the statute (article 1841, R.S. 1925) for affirmance on certificate is the failure to file a transcript of record as directed by law. The right of affirmance *198on certificate is both created and measured by this article.”
In the cases cited by defendant in error judgments were affirmed on certificate on account of failure to file transcripts within the statutory period. Failure to thus file the statement of facts does not oust the jurisdiction of the Court of Civil Appeals to hear the appeal.
The motion is overruled.