In this case motion for a new trial was overruled on the 28th day of February, 1924, and from this order the appeal was taken' and filed in this court on the 29th day of August, 1924, which was one day after the expiration of the six months provided by section 798, C. O. Stat. 1921. This statute is mandatory and the appeal is dismissed. Brown v. Parks, 80 Okla. 184, 195 Pac. 133.