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34 S.D. 276

Jorgenson v. Tidrick

South Dakota Supreme Court

Decided July 13, 1914

South Dakota Supreme Court · decided 1914-07-13

Hon. Franic B. Smith, Judge. Action by Jorg'en Jorgenson against C. D. Tidrick and others. From a judgment for defendants, and from an order denying a new trial, plaintiff appeals.

The Supreme Court having, upon appellant’s-' order to… · Decided 1914-07-13

PER CURIAM:

¶1The appeal herein was perfected April 9, 1913, the record having been settled March 1st, 1913. From the time of perfecting such appeal down to June 12, 1914, appellant failed to file any brief upon appeal or to take any steps relieving him from his default therein. Upon June 12, 1914, he procured an order to show cause why he should not be relieved from such default. Upon June 29th this court refused to excuse appellant’s *277default. The appeal herein will therefore be deemed abandoned and the judgment and order appealed from are 'affirmed.

SMITH, P. J., and Mc'CO'Y, J., not sitting. .
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