LEVY, J.
It appears that the appeal bond in this case was approved and filed by the district clerk on November 20, 1909. In this case court was allowed to sit two weeks by law, and must finally adjourn, as we must judicially know by the record, on October 30, 1909. The filing of the appeal bond was therefore one day too late to be within the prescribed time of the statute. The filing of
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tlie appeal bond within the time prescribed by the statute is necessary to’ give jurisdiction to this court over the appeal. Railway Co. v. Whatley, 99 Tex. 128, 87 S. W. 819; Railway Co. v. Elliston, 128 S. W. 675.
The appeal was accordingly ordered dismissed.