Opinion
File No. 7225.
Opinion filed October 19, 1931.
Appeal and Error.
Appeal held abandoned, where no briefs were filed either within the time allowed by law or by stipulation of attorneys.
Appeal from Circuit Court, Minnehaha County.
Action by James McKeon against C.J. Delbridge. From a judgment for defendant and order denying a new trial, plaintiff appeals. Affirmed.
Mundt Mundt and Hugh S. Gamble, all of Sioux Falls, for Appellant.
George J. Danforth and Blaine Simons, both of Sioux Falls, for Respondent.
In this action certified copy of the notice of appeal was filed in this court on the 5th day of March, 1931. On the 11th day of March, 1931, a stipulation was entered into by the respective attorneys for appellant and respondent, giving the appellant an additional sixty days within which to serve and file his brief herein. Since said date no other stipulation has been filed, nor has the appellant's brief been filed; therefore, the appeal herein is deemed to have been abandoned, and the judgment and order appealed from are affirmed.