The case was tried before the court without a jury, and a judgment was entered against the appellant on July 24, 1917, containing a notice of appeal therefrom. The appeal bond was filed August 14, 1917. The term of court was authorized by law tu continue more than eight weeks. After the notice of appeal was given a motion for new trial was filed. This motion for new trial was never acted on by the court, and therefore must be considered as overruled by operation of law upon the adjournment of the court for the term, which was on August 11, 1917. In view of the record, this court is without jurisdiction to entertain the appeal, because the appeal bond was not filed in the tiine required by law According to the statute, the time for filing the' bond in this case commenced when the notice of. appeal was given. Rev. St. 1911, art. 2084; Railway Co. v. Elliston, 128 S. W. 675; Eclipse Faint & Mfg. Co. v. Roofing & Supply Co., 55 Tex. Civ. App. 553, 120 S. W. 532.
Appeal dismissed.
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