A motion to strike the record proper and dismiss the appeal is proper where the transcript of the evidence was untimely filed and the record proper was untimely filed. Hadley v. State, 228 Ala. 293, 259 So.2d 853, cert. den., 409 U.S. 937, 93 S.Ct. 245, 34 L.Ed.2d 190; Relf v. State, 267 Ala. 3, 99 So.2d 216; Mahone v. State, 39 Ala. App. 567, 105 So.2d 134. The court reporter's certified transcript shall be filed with the Clerk of the Circuit Court within sixty days from the date of the taking of the appeal or within sixty days from the court's ruling on a motion for a new trial, whichever date is later. Relf v. State, supra; Title 7, Sections 827(1)-827(4) Code of Alabama 1940, Recomp. 1958. Where there is no order of the court showing a continuance on a motion for a new trial, the motion becomes discontinued and the order overruling the motion is of no effect. Relf v. State, supra; Mahone v. State, supra.

Title 1 Section 17, Code, supra; Supreme Court Rule 46. According to our calculation the sixtieth day was Sunday, March 18th, therefore, the court had until March 19th to rule on the motion and was in error in striking the motion because it was not timely presented. The orders made on the motion after March 19th were void. Nickens v. State, 31 Ala. App. 297, 15 So.2d 633; Mahone v. State, 39 Ala. App. 567, 105 So.2d 134. Since March 19th was the last day on which a ruling on the motion could have been made, or an order entered continuing it for hearing to a future date, the transcript of the record was due to be filed in this court within sixty days thereafter.