
    GIBSON v. FARMERS’ & MERCHANTS’ BANK OF BOLEY.
    No. 16037
    Opinion Filed May 12, 1925.
    (Syllabus.)
    Appeal and Error — Necessity for Motion for New Trial in Timé.
    Where motion for a new trial is not filed within three days from date of the verdict of, the jury or judgment of the court, if the case is tried to the court, and no showing is made that the motion was unavoidably prevented from being filed within the time, the appeal will be dismissed.
    Note. — See under (1) 4 C. J. p. 507.
    Error from District Court, Okfuskee County; John L. Norman,,. Judge.
    Aotioh between the Farmers’ & Merchants’ Bank of Bol'ey and M. A. Gibson. Prom the judgment, the latter appeals.
    Appeal dismissed.
    J. J. Bruce, for plaintiff in error.
    Patterson & Dooley, for defendant in error.
   PER CURIAM.

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.  