This case is appealed from the district court of Okfuskee county. The jury returned its verdict on the 6th day of June, 1924, and motion for new trial was filed on the 10th day of June, 1924, which was one day: tbo late, and there being no showing that plaintiff in error was unavoidably prevented from filing his motion for new trial within the time provided by section 574, Comp. St. 1921. Joiner v. Goldsmith, 25 Okla. 840, 107 Pac. 733. The appeal is dismissed.