25 N.W.2d 460
File No. 8859.Supreme Court of South Dakota.
Opinion filed December 28, 1946.
Appeal and Error.
Where record was remanded to circuit court for purpose of permitting appeallants to file and serve assignments of error which appellants had neglected to serve in the first instance, and record was again settled and no brief had been filed on behalf of appellants or any other proceedings had, appeal was abandoned and judgment would be affirmed.
Appeal from Circuit Court, Lake County; Hon. L.L. Fleeger, Judge.
Action by W.V. Wiedenman and another against Lake County and another. From a judgment for plaintiffs, defendants appeal.
Affirmed.
Wm. R. Arneson, State’s Attorney, of Madison, for defendants and Appellant.
J.H. Lammers, of Madison, for plaintiffs and Respondents.
PER CURIAM.
In this action certified copy of Notice of Appeal was filed in this court on February 27, 1946. The record was first settled on June 6, 1946 and thereafter the record was remanded to the circuit court for the purpose of permitting appellants to file and serve Assignments of Error which appellants had neglected to serve in the first instance. The record was again settled on September 23, 1946 and since that date no brief has been filed on behalf of the appellants nor any other proceedings had herein. Because of the failure to prosecute said appeal or to take any further steps therein, the same will be deemed to have been abandoned and the judgment appealed from is affirmed.
No costs taxed.
POLLEY, J., not sitting.
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