Opinion
File No. 9396.
Opinion filed December 29, 1954.
1. Appeal and Error.
Where neither an order extending time within which record could be settled nor appellant's brief had been filed within time permitted after appeal was perfected, appeal would be dismissed for lack of prosecution. SDC Supp. 33.0741.
Appeal from Circuit Court, Lincoln County, by plaintiff, from judgment for defendant.
Appeal dismissed and judgment affirmed.
Boyce, Warren, Murphy McDowell, George O. Johnson, Sioux Falls, for Plaintiff and Appellant.
Bogue Masten, Canton, for Defendant and Respondent.
The appeal in the above entitled action was perfected June 22, 1953. Since that date neither an order extending the time within which a record may be settled, as provided by SDC 33.0741 as amended October 1, 1953, nor an appellant's brief have been filed in the office of the clerk of this Court.
Our order will be that the appeal be dismissed for lack of prosecution, and the judgment of the trial court be affirmed.