268 N.W. 108
File No. 7919.Supreme Court of South Dakota.
Opinion filed June 29, 1936.
Appeal and Error.
Where certified copies of notice of appeal and undertaking on appeal were filed with clerk of Supreme Court and appellant after more than five months thereafter had not filed brief nor taken any other steps to prosecute appeal, appeal was dismissed as “abandoned.”
Appeal from Circuit Court, Moody County; HON. JOHN T. MEDIN, Judge.
Action by John H. McCarthy against Herman Timm and another. From an adverse order, the plaintiff appeals.
Affirmed.
Page 467
D.H. Lloyd, of Flandreau, for Appellant.
Louis H. Smith, of Sioux Falls, for Appellees.
PER CURIAM.
Certified copies of notice of appeal and undertaking on appeal in the above-entitled cause were filed with the clerk of this court on the 24th day of January, 1936. Since said date, the appellant has not filed his brief nor taken any other steps whatever to prosecute such appeal. This being the case, such appeal is deemed to have been abandoned, and the orders from which the appeal is attempted to be taken are affirmed.
All the Judges concur.