Smith v. Havlik

South Dakota Supreme Court

Smith v. Havlik

223 N.W. 825, 54 S.D. 591, 1929 S.D. LEXIS 388

CourtSouth Dakota Supreme Court

DecidedMarch 12, 1929

DocketFile No. 6764

StatusPublished

This text of 223 N.W. 825 (Smith v. Havlik) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. Havlik, 223 N.W. 825, 54 S.D. 591, 1929 S.D. LEXIS 388 (S.D. 1929).

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Opinion

PER CURIAM.

In the above cause an appeal was attempted to be taken from the judgment and an order of the circuit court overruling a motion for a new trial.

Certified copy of the notice of appeal was filed in this court on the 16th day of July, 1928, and the original notice of appeal and undertaking on the 7th day of August, 1928.

Appellant did not file his brief within the time allowed by the rules of the court, and later applied to' this court for leave to file said brief. The application was brought on by an order to show cause, a hearing was had thereon, and this court by its order dated March 6, 1929, denied the application. Therefore, there being" no brief, this court, pursuant to rule 5, deems the appeal abandoned, and the judgment appealed from is therefore affirmed.

BROWN, J., not sitting.

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PER CURIAM.

In the above cause an appeal was attempted to be taken from the judgment and an order of the circuit court overruling a motion for a new trial.

Certified copy of the notice of appeal was filed in this court on the 16th day of July, 1928, and the original notice of appeal and undertaking on the 7th day of August, 1928.

Appellant did not file his brief within the time allowed by the rules of the court, and later applied to' this court for leave to file said brief. The application was brought on by an order to show cause, a hearing was had thereon, and this court by its order dated March 6, 1929, denied the application. Therefore, there being" no brief, this court, pursuant to rule 5, deems the appeal abandoned, and the judgment appealed from is therefore affirmed.

BROWN, J., not sitting.

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Bluebook (online)

223 N.W. 825, 54 S.D. 591, 1929 S.D. LEXIS 388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-havlik-sd-1929.