On Motion to Affirm on Certificate.
PELPHRBY; C. J.This cause was tried in the district court of Reeves county and resulted in a judgment in favor of appellee, rendered on the 20th day of May, 1927. Appellant filed a motion for a new trial, which was overruled on June 8, 1927, and thereupon she gave notice of appeal and filed her appeal bond to this court on July 1, 1927. On September 21, 1927, appellant filed in the trial court her application for a writ of error and *307a cost bond on tne 27th of the same month. The transcript was filed in this court on the 27th day of September, 1927. Appellee has filed a motion to have the case affirmed on certificate on the ground that the transcript was not filed within the time required by law. Article 1839, Revised Civil Statutes 1925, provides that the transcript may be filed within 90 days from the perfection of the appeal or service of the writ of error, and the record here discloses that same was filed in this court on the eighty-ninth day after the appeal was perfected. The motion of appellee to affirm on certificate is therefore overruled.
Appellant, in her answer to the motion, has prayed that her appeal be dismissed without prejudice to her right to prosecute her application for writ of error, or, in the alter-mative, that the appeal and writ of error be consolidated.
The ease being before the court both on appeal and. by writ of error, the two proceedings are hereby consolidated.