141 N.W.2d 775
File No. 10210.Supreme Court of South Dakota.
Opinion filed April 8, 1966
Appeal and error.
Where more than forty days had elapsed since the date for settling the record and record was still not settled, appeal was deemed abandoned. SDC 1960 Supp. 33.0741.
Proceeding on an appeal from the Circuit Court, Tripp 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.
Frank L. Farrar, Atty. Gen., Pierre, for plaintiff and appellant.
J.W. Grieves, Winner, George F. Johnson, Gregory, R.C. Riter,
of Stephens, Riter, Mayer Hofer, Pierre, for defendants and respondents.
PER CURIAM.
The appeal in the above matter was perfected on November 9, 1964. Time for settling the record was extended to March 1, 1965. More than forty days have elapsed since that late and the record is still not settled. By virtue of SDC 1960 Supp. 33.0741 the appeal is deemed abandoned.
Our order is that the appeal be dismissed and the order of the trial court entered November 9, 1964 is affirmed.
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