1. Abuse of discretion will not be presumed but must appear from the record.

2. The granting of a motion, after judgment, to vacate a former order of the court overruling a motion for a new trial, and an entry of a new order overruling the motion for a new trial, are not effective to postpone the date from' which the statute limiting the time within which a proceeding in error may be commenced begins to run, where the judgmént upon the verdict antedates such entry and has not been vacated.

Judgment affirmed.