Opinion
File No. 9425.
Opinion filed December 29, 1954.
1. Appeal and Error.
Where neither an order extending time within which a record may be settled, nor an appellant's brief had been filed although more than a year had elapsed after an appeal had been perfected, appeal would be dismissed for lack of prosecution. SDC Supp. 33.0741.
Appeal from Circuit Court, Dewey County, by plaintiff, from judgment for defendant.
Judgment affirmed.
A.E. Lakeman, Mobridge, and P.M. Burns, Timber Lake, for Plaintiff and Appellant.
W.M. Potts, Mobridge, for Defendant and Respondent.
The appeal in the above entitled action was perfected November 18, 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.