Opinion
File No. 8504.
Opinion filed August 29, 1942.
Appeal and Error.
Where appellee excepted to sufficiency of sureties on appellant's appeal bond and after a lapse of 11 months the sureties had not justified and no further steps or proceedings had been taken in the prosecution of the appeal, the appeal was "abandoned". SDC 33.0724.
Appeal from Circuit Court, Codington County; Hon. John T. Medin, Judge.
Proceedings in the matter of the trust of A.D. Heath, deceased, and in the matter of the claim of Nellie A. Heath, an heir of the decedent under the will as defined and provided in the final decree in the estate. From an adverse decree, Jeanette H. Fisher appeals.
Affirmed.
Alfred B. Jaynes, of Watertown, for Appellant Jeanette H. Fisher.
Case Case, of Watertown, for Respondent Nellie A. Heath.
Notice of appeal was served on September 11, 1941. On September 26, 1941, certified copy of notice of appeal and undertaking was filed in this court. On September 13, 1941, the respondent served a notice excepting to the sufficiency of the sureties on the appeal bond and demanded that the sureties justify under the provisions of SDC 33.0724. The sureties failed to justify and no further steps or proceedings have been taken in the prosecution of the appeal.
The appeal is deemed to be abandoned and the judgment appealed from is affirmed.
All the Judges concur.