Opinion
File No. 7789.
Opinion filed May 4, 1935.
Appeal and Error.
Where certified copy of notice of appeal had been filed in Supreme Court on December 26, 1934, but no briefs had been thereafter filed, and no further proceedings taken in prosecution of appeal, appeal was abandoned and order appealed from was affirmed.
Appeal from Circuit Court, Codington County.
Action by W.H. Bremner, as receiver of the Minneapolis St. Louis Railroad Company, against A.E. Patterson, W.L. Baker, and others. From an order denying the application of the defendant W.L. Baker for a modification of the judgment rendered in the action, defendants appeal.
Order affirmed.
Bailey Voorhees, of Sioux Falls, for Appellants.
Case Case, of Watertown, for Respondent.
This is an appeal by the defendants from an order entered by the circuit court of Codington county on the 25th day of October, 1934, which said order denied the application of the defendant, W.L. Baker, for a modification of the judgment. A certified copy of the notice of appeal was filed in this court on the 26th day of December, 1934. No brief has been filed and no further steps or proceedings have been taken in the prosecution of this appeal.
The appeal is deemed to be abandoned, and the order appealed from is affirmed.