Opinion
File No. 7815.
Opinion filed June 25, 1935.
Appeal and Error.
Where respondent obtained, nearly three months, after certified copy of notice of appeal was filed, order to show cause why appeal should not be dismissed, and presented affidavit that no proper undertaking had been served or filed, and appellants failed to answer and made no showing why appeal should not be dismissed, appeal was dismissed (Rev. Code 1919, § 3146).
Appeal from Circuit Court, Lake County.
Action by Rose Krogstad, as administratrix of the estate of Halver P. Krogstad, deceased, and others against the Northwestern Mutual Life Insurance Company of Milwaukee, Wisconsin, wherein was interpleaded all persons unknown who have or claim to have any interest or estate in or lien or incumbrance upon the premises described in plaintiffs' complaint. From the judgment, plaintiffs appeal.
Appeal dismissed.
Edwin L. Brown, of Flandreau, for Appellants.
Judge Chapman, of Sioux Falls, for Respondent.
Appellants filed in this court a certified copy of notice of appeal on the ninth day of March, 1935. Respondent, the Northwestern Mutual Life Insurance Company, a corporation, of Milwaukee, Wis., on the sixth day of June, 1935, obtained an order to show cause why the appeal should not be dismissed upon the ground that no undertaking upon appeal had been served or filed as required by statute (Rev. Code 1919, § 3146), and that the court is without jurisdiction to entertain said appeal. Said motion was based upon an affidavit substantiating the fact that no proper undertaking had been served or filed. Appellants have failed to answer, and have made no showing why the appeal should not be dismissed.
After a careful consideration of the record, it is the opinion of the court that the appeal be, and it is hereby, dismissed.
All the Judges concur, except RUDOLPH, J., absent.