Gottwerth v. Thompson

Decided September 23, 1913

South Dakota Supreme Court · decided 1913-09-23

<p>Appeal — Dismissal of Appeal — Brief—Abandonment of Appeal— Affirmance.</p> <p>Where it appears that the appeal to this Court has been wholly abandoned, respondent’s motion to dismiss appeal because no brief for appellant has' been filed or .presented for filing will be refused, but the judgment of trial court will be affirmed.</p>

Cited by 1 later decisions — most recently May 1915

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Motion denied, and judgment affirmed for abandonment of… · Decided 1913-09-23

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WHITING, P. J.

¶1This cause was appealed to this court, as appears by the copy of the notice of appeal and the indorsements thereon, upon the nth day of April, 1913, since which time there has been • a total failure on the part of appellant to comply with the rules of this court in regard to the time for serving and filing his brief upon appeal; it appearing that no brief has ever been filed or presented for filing herein. Respondent, upon notice duly given, has asked this court to dismiss the appeal herein, owing to appellant’s failure to prosecute the same.

¶2The motion for dismissal is refused; but, inasmuch as it appears that the appellant has wholly abandoned said appeal, the judgment of the trial court is affirmed.