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42 S.D. 60

Roberts v. Bergen

South Dakota Supreme Court

Decided June 17, 1919

South Dakota Supreme Court · decided 1919-06-17

<p>Appeals — Error-—No Bx-ief — Stipulation re Time — Abandonment of Appeal.</p> <p>Where some three months had expired after notice of appeal, ■ and although stipulation for time for serving appellant’s brief was filed, yet, no brief having been filed, nor any stipulation extending time for service thereof, appeal is deemed abandoned, and judgment is affirmed.</p>

Affirmed · Decided 1919-06-17

PER CURIAM.

¶1Notice of appeal in the above-entitled action was filed in this court on March 10, 1919. By written stipulation between counsel for appellant and respondent, duly filed, the time for serving and filing appellant’s brief was extended until June 1, 1919. Since that date no briefs have been filed by appellant, nor have any stipulations been filed extending the time for serving and filing of* appellant’s brief. Appellant is therefore in default,. the appeal is deemed abandoned, and the judgment of the trial court will be affirmed!

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