Opinion
File No. 7788.
Opinion filed May 4, 1935.
Appeal and Error.
Where no brief was filed and no further steps were taken in prosecution of appeal within more than four months after certified copy of notice of appeal and undertaking on appeal was filed in reviewing court, appeal was deemed abandoned and order appealed from was affirmed.
Appeal from Circuit Court, Codington County.
Action by the Gray Construction Company against Anna R. Hyde, as executrix of the estate of A.W. Hyde, deceased, and another. Verdict for plaintiff, and from an order denying their motion for new trial, defendants appeal.
Affirmed.
Bailey Voorhees, of Sioux Falls, for Appellants.
Case Case, of Watertown, for Respondent.
In this case a certified copy of notice of appeal and undertaking on appeal was filed in this court on December 26, 1934. Since that time 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.