Myers v. Jorgenson

Decided September 3, 1918

South Dakota Supreme Court · decided 1918-09-03

Appeals — No Brief — Abandonment of Appeal — Affirmance. Nearly seven months having elapsed since appeal taken, and appellant, after having stipulated for filing brief not later than June 15, 1918, having failed to file brief, and being in default, the appeal is deemed abandoned, and order appealed from affirmed. Smith, J., taking no part.

Affirmed · Decided 1918-09-03

PER QURIAM.

¶1The appeal herein was- taken on the 25th day of February, 1918. The parties thereafter entered into a stipulation under which appellant was given to not later than the 15th day of June, 1918* in which to serve and file his brief upon such appeal. Appellant has failed to'file his brief within such period., and no stipulation or order extending the time has been filed or entered herein. Appellant being in default, this court will deem said appeal abandoned.

¶2The order appealed1 from is affirmed.

SMITH, J., takes no part herein.