In re Ballard's Estate

Full title: In Re BALLARD'S ESTATE BALLARD, Appellant, v. CONE, et al, Respondents

Court: Supreme Court of South Dakota

Date published: Feb 28, 1942

2 N.W.2d 688 (S.D. 1942)

2 N.W.2d 688

Opinion

File No. 8488.

Opinion filed February 28, 1942.

Appeal and Error.

Where appellant has filed no brief nor taken any other steps to prosecute appeal for over seven months after filing certified copy of notice of appeal and undertaking on appeal with Supreme Court clerk, appeal is deemed "abandoned", and judgment appealed from will be affirmed.

Appeal from Circuit Court, Minnehaha County, Hon. Lucius J. Wall, Judge.

In the matter of the estate of Emily S. Ballard, deceased. From a judgment for Carrie B. Cone and another, executrices of the estate, Levi W. Ballard appeals.

Affirmed.

James O. Berdahl, of Sioux Falls, for Appellant.

Palmer K. Larson and C.A. Christopherson, Jr., both of Sioux Falls, for Respondents.

PER CURIAM.

The certified copy of the notice of appeal and undertaking on appeal in the above-entitled cause were filed with the clerk of this court on the 23rd day of July, 1941. Since said date, the appellant has not filed his brief nor taken any other steps whatsoever to prosecute such appeal. This being the case, such appeal is deemed to have been abandoned, and the judgment appealed from is affirmed.

All the Judges concur.