Gates v. Marshall

Decided October 23, 1913

South Dakota Supreme Court · decided 1913-10-23

Appeal — X» Brief Filed — Affirmance. Where appeal was taken on judgment roll, no settled record being had, and no brief on file after several months have elapsed since notice of appeal was served, the appeal will be deemed abandoned, and the judgment below affirmed. Gates, J., not sitting.

Affirmed · Decided 1913-10-23

McCOY, J.

¶1In this case notice of appeal was filed in this court on May 12, 1913. There was no settled record, the appeal being taken on the judgment roll. No briefs have been filed. The appeal will be deemed abandoned.

¶2The judgment appealed from is affirmed.

GATKS. J., not sitting.