Opinion
File No. 10001.
Opinion filed October 24, 1962
Appeal and Error.
Appeal was deemed abandoned where, after a lapse of more than 40 days following the date set for settlement of the record, the record still remained to be settled. SDC 1960 Supp. 33.0741.
Proceeding on an appeal from the Circuit Court, Spink County. The Supreme Court held that the appeal would be deemed abandoned where, after the lapse of more than 40 days following the date for settlement of the record, the record still remained to be settled.
Appeal dismissed and judgment affirmed.
Ora A. Swope, pro se.
Paul F. Burke, Miller, for Defendant and Respondent.
The appeal in the above matter was perfected Feb. 8, 1962. Time for settlement of the record was extended to April 20, 1962. More than forty days has elapsed since that date and the record is still not 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.