Not overruled or negatively treated on appealinfoCoverage
Supreme Court of South DakotaOct 19, 1931
238 N.W. 339 (S.D. 1931)
238 N.W. 33959 S.D. 123

File No. 7290.

Opinion filed October 19, 1931.

Appeal and Error.

Appeal deemed abandoned, where appellant failed to file brief within approximately four months after filing notice of appeal in Supreme Court and no other proceedings were taken.

Note: On failure to file brief within time limit as dismissal, see 2 R.C.L. 176; R.C.L. Perm. Supp. p. 360.

Appeal from Circuit Court, Potter County.

Action by Adam Richardson against O.M. Kearns. From the judgment, defendant appeals. Affirmed.

See also 229 N.W. 301.

Tait Morgan, of Gettysburg, for Appellant.

Sargent Westphal, of Gettysburg, for Respondent.

In this action a certified copy of the notice of appeal was filed in this court on the 25th day of June, 1931. Since said date no brief has been filed on behalf of the appellant nor any paper filed nor proceeding had herein, except the filing of the certified copy of the said notice of appeal. Because of the failure on the part of the appellant to prosecute the said appeal or to take any further steps therein, the said appeal will be deemed to have been abandoned, and the judgment appealed from is affirmed.