BATES v. SMITH, 75 S.D. 359 (1954)


65 N.W.2d 137

BATES, Respondent v. SMITH et al., Appellants

File No. 9384.Supreme Court of South Dakota.
Opinion filed June 17, 1954.

1. Appeal and Error.

Where appeal was perfected June 8, 1953, and record was settled December 2, 1953, and no brief had been filed by appellant, appeal would be deemed abandoned, and judgment appealed from would be affirmed.

Appeal from Circuit Court, Brown County; Hon. B.B. McClaskey, Judge.

From an adverse judgment, defendants appeal.

Judgment affirmed.

Douglas Bantz, Aberdeen, for Plaintiff and Respondent.

Randell L. Smith, Aberdeen, Pro Se.

PER CURIAM.

The appeal in the above entitled action was perfected June 8, 1953. The record was settled December

Page 360

2, 1953. No brief has been filed by appellant. The appeal is deemed abandoned, and the judgment appealed from is affirmed.

All the Judges concur.