Opinion
File No. 7739.
Opinion filed May 4, 1935.
Appeal and Error.
Where after certified copy of notice of appeal was filed in reviewing court, three different stipulations were filed extending time for serving and filing of brief until date more than six months after filing of certified copy of notice of appeal, and no brief was filed and no further steps taken, appeal was abandoned, and order appealed from was affirmed.
Appeal from Circuit Court, Lincoln County.
Action by James W. Daniels and others against the South Dakota Savings Loan Association. Verdict for defendant, and, from an order denying their motion for new trial, plaintiffs appeal.
Affirmed.
Charles Lacey, of Sioux Falls, for Appellants.
Peck Wall, of Sioux Falls, for Respondent.
This is an appeal by the plaintiffs from an order entered by the circuit court of Lincoln county denying their motion for new trial. The notice of appeal was served on the 23d day of July, 1934. A certified copy thereof was filed in the office of the clerk of this court on July 25, 1934. Thereafter, three different stipulations were filed by the appellants extending the time for the serving and filing of their brief, the last of said stipulations for extension having been filed in this court on January 9, 1935, extending the time until the 20th of February, 1935. 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.