This is a motion of defendant in error to dismiss appeal, because not filed in this court within six months from date of order appealed from.

Motion for new- trial was overruled on the 19th day of November, 1922, and from this order the axipeal was taken and the record filed in this court on the 16th day of May, 1923, one day after the expiration of the time in which the appeal couil-d be filed. For that reason the appeal should be dismissed, and it is so ordered.