Dencker v. Seymour

Decided February 3, 1917

South Dakota Supreme Court · decided 1917-02-03

<p>Appeals — Abandonment of Appeal — Failure to Serve Brief — Affirmance.</p> <p>Where nearly six months had expired after expiration of time for serving appellant’s brief, as allowed and stipulated, and over thirteen months had expired after service of notice of appeal, and more than that time had expired since completion of settled record, the appeal will be deemed abandoned and judgment appealed from affirmed.</p>

Affirmed · Decided 1917-02-03

McCOY, J.

¶1There was judgment in the lower court for plaintiff, and defendant appeals. Erom the record it appears *264that the notice of appeal was served on the 18th d'ay of December, 1915, and that the settled record was completed' on the 1st day of .December, 1915. Appellant’s time within which to serve brief on appeal, by • stipulations duly filed, was extended to the 16th day of August, 1916. No brief on appeal has ever been field by appellant, and by reason thereof the said appeal in this action is deemed abandaned,

¶2The judgment appealed from is affirmed.