Defendant in error filed a motion to dismiss the appeal. No response has been filed to said motion.

On the 29th day of May, 1922, the court overruled a motion for new trial and granted time for making and serving case-made. The time was extended from time to time, and expired on the 27th day of September, 1922. Case-made was served on the 5th day of October, 1922, and not within any valid extension of time granted by the judge.

The appeal is therefore dismissed.