Opinion
File No. 8653.
Opinion filed April 25, 1944.
Appeal and Error.
Where more than 60 days had elapsed since record in action was settled, but appellant had failed to serve or file an appellant's brief as required by Rules of Supreme Court, appeal was deemed abandoned, and judgment was affirmed.
Appeal from Circuit Court, Yankton County.
Action by S.M. Hohf against Mrs. M.J. Fitzgerald. From an adverse judgment, plaintiff appeals.
Affirmed.
George W. Kunkle, of Yankton, for Appellant.
John E. Walsh, of Yankton, and Gale B. Braithwaite, of Sioux Falls, for Respondent.
The record in this action was settled on the 7th day of June, 1943, 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.
All the Judges concur.