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Dickson v. Chicago, Milwaukee & St. Paul Railway Co.

DICKSON v. CHICAGO, MILWAUKEE & ST. PAUL RAILWAY COMPANY

Dickson v. Chicago, Milwaukee & St. Paul Ry. Co., 161 N.W. 813 (S.D. 1917)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
March 22, 1917
Docket
No. File No. 4012
Judges
Smith
Citations
161 N.W. 81338 S.D. 4581917 S.D. LEXIS 41
Disposition
Affirmed.
Headnotes
Appeals — Abandonment of Appeal — No Briefs, Etc. — Affirmance. Where, within, about two- months after record for review was settled, notice of appeal and undertaking on appeal were served on defendant’s counsel, and certified copy of notice of appeal and undertaking filed in Supreme Court, and nearly a year has expired since those steps were taken, no briefs, stipulation, or other papers in the case having since been filed in Supreme Court, the appeal will be deemed abandoned, and judgment 'below affirmed.
Summary
Appeal from Circuit Court, Bon Homme Count}'. Hon. ■Robert B. Tripp, Judge. Action by C. J. Dickson and others, against the Chicago, Milwaukee & St. Paul Railway Company. Prom a judgment for defendant, plaintiffs appeal.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Smith

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SMITH, J.

The record for review in this case was settled March xi, 1916. On March 23, 1916, notice of appeal and an undertaking on appeal were served on defendant’s attorneys, and on March 27, 1916, upon the clerk of courts of Bon Homme county, and filed- the same date. On April 1, 1916, a certified copy of the notice of appeal was filed in this court, and the undertaking on appeal was filed May 3, 1916. Since that date no ■briefs, stipulation, or other papers in the case have been filed in this court.

Under the rule and decisions of this couit, the appeal will ■be deemed abandoned, and the judgment of the trial court is affirmed.

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