Yellow Cab Company et al. v. Moran

Full title: YELLOW CAB COMPANY et al., Respondent v. MORAN, Appellant

Court: Supreme Court of South Dakota

Date published: Oct 24, 1962

117 N.W.2d 557 (S.D. 1962)

117 N.W.2d 557

Opinion

File No. 9965.

Opinion filed October 24, 1962

Appeal and Error.

Appeal was deemed abandoned where, after more than 40 days following the date set for settlement of the record, the record was still not settled. SDC 1960 Supp. 33.0741.

Proceeding on appeal from the Circuit Court, Pennington County. The Supreme Court held that the appeal would be deemed abandoned where, after more than 40 days following the date set for settlement of the record, the record was still not settled.

Appeal dismissed and judgment affirmed.

Hanley, Costello Porter, Rapid City, for Defendant and Appellant.

Robert J. Schumacher, Rapid City, for Plaintiffs and Respondents.

PER CURIAM.

The appeal in the above matter was perfected on August 28, 1961. Time for settling the record was extended to June 23, 1962. More than forty days have 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.