Hardin v. Graham

Decided October 23, 1918

South Dakota Supreme Court · decided 1918-10-23

<p>Appeals — Error—Brief, Default Re Abandonment of Appeal — Affirm-ants.</p> <p>Where four months had elapsed since-record settled and appeal taken, and appellant had been in default some five weeks after time within which by stipulation his brief on appeal might be filed, appeal will be deemed abandoned, and judgment affirmed.</p>

Affirmed · Decided 1918-10-23

PER 'CURIAM.

¶1The record herein was settled on June 26, 1918; the appeal to this court was taken upon the same day; by stipulations duly entered into and1 filed, appellant’s time for serving his brief upon this appeal' was extended until and! including the 4th day of September, 1918; from said! 4th day of September, 1918, the appellant has been in default.

¶2In view of the above facts, the appeal will be deemed abandoned, and the judgment and order appealed from are affirmed.