It affirmatively appears from the transcript that this court is without jurisdiction to consider this case. The caption discloses that the term of court at which it was tried began on the 17th day of October, A. D. 1927, and ended on-the 17th day of December, A. D. 1927. The term therefore continued more than eight weeks. The judgment was rendered on November 2, 1927. Motion for new trial was filed November 4, 1927, and an order was entered overruling the motion for new trial on November 12, 1927, which order contains the *764notice of appeal to this court. The appeal bond was filed on January 2, 1928. Under article 2253, R. S. 1925, as amended by the Eortieth Legislature 1927, p. 21, c. 15, § 1, it is provided that, if the term of court may by law continue more than eight weeks, the bond or affidavit in lieu thereof shall be filed within 20 days after notice of appeal is given if the party taking the appeal resides in the county, and within 30 days if he resides out of the county.
The appeal bond in this case was filed about 50 days after the notice of appeal was given, and, since the term of court continued more than 8 weeks, no jurisdiction was conferred upon this court by the filing of the appeal bond.
The appeal will be dismissed.