Opinion
File No. 8483.
Opinion filed November 6, 1941.
Appeal and Error.
Where more than 60 days elapsed after record was settled and appellant failed to serve or file an appellant's brief as required by Rules of the Supreme Court, appeal was deemed "abandoned" and judgment was affirmed.
Appeal from County Court, Pennington County; Hon. James W. Bellamy, Judge.
Action by J.W. Graves against Paul Stillman. From a judgment for the plaintiff, the defendant appeals.
Affirmed.
T.B. Thorson and W.A. McCullen, both of Rapid City, for Appellant.
Whiting Wilson, of Rapid City, for Respondent.
The record in this action was settled on the 28th day of July, 1941, and although more than sixty days have elapsed since that date the appellant has failed to serve or file an Appellant's brief as required by the Rules of this Court. The appeal is therefore deemed abandoned, and the judgment appealed from is hereby affirmed.