Opinion
File No. 10131.
Opinion filed July 6, 1964
Appeal and Error.
Appeal was deemed abandoned and dismissed and judgment affirmed where more than 40 days elapsed since appeal was perfected without settlement of record. SDC 1960 Supp. 33.0741.
Appeal from Circuit Court, Charles Mix County.
Defendant appealed from judgment for plaintiff.
Appeal deemed abandoned; appeal dismissed and judgment affirmed.
R.R. Rueb, Wagner, L.E. Schreyer, Lake Andes, for Defendant and Appellant.
John A. Engel, Avon, for Plaintiff and Respondent.
The appeal in the above matter was perfected December 10, 1963. More than forty days have elapsed since that date and the record has not been settled. By virtue of SDC 1960 Supp. 33.0741 the appeal is deemed abandoned.
Our order will be that the appeal be dismissed and the judgment of the trial court affirmed.