Anderson v. Riffle

Decided November 4, 1915

South Dakota Supreme Court · decided 1915-11-04

<p>Appeals — Abandonment of — Failure to File Brief — Affirmance.</p> <p>Where, for over five months after filing in Supreme Court appellant’s notice of appeal and undertaking, no brief, stipulation, or other papers were filed, held, that appellant’s application to ibe relieved from default in failing to file brief and for extension of time for that purpose will be denied, the appeal being abandoned, and judgment appealed from affirmed; following Conger v. La Plant, 36 S. D. 180, 153 N. W. 934.</p>

Affirmed · Decided 1915-11-04

¡SMITH, T.

¶1On February 24, 1915, a notice of appeal and undertaking on appeal in this case were filed in the office of the clerk of the circuit court, and were transmitted to and filed in this court on April 1, 1915. After that time no briefs, stipulation, or other papers were filed until September 8, 1915, when appellant filed an application, to be relieved from default in failing to file briefs on appeal, and for an extension of 30 days within which to print briefs.

¶2 *260The application was denied on September 22, 191.5, f°'r same reasons assigned in Conger v. La Plant, 153 N. W. 1006.

¶3The appeal- will be deemed abandoned and the judgment appealed from is affirmed as in Conger v. La Plant, 153 N. W. 934. It will be so ordered.