Keierleber v. Star Prairie School Dist. No. 27 of Tripp County
Decision Date | 24 October 1962 |
Docket Number | No. 9996,9996 |
Parties | Oscar KEIERLEBER, Plaintiff and Respondent, v. STAR PRAIRIE SCHOOL DISTRICT NO. 27, OF the COUNTY OF TRIPP, State of South Dakota, Donald Storms, Carl Diez, Jr., and Vivian McClanahan, constituting the members of said Board, Defendants, and Eileen Dillon and Lloyd Hartland, Defendant Intervenors and Appellants. |
Court | South Dakota Supreme Court |
Maule & Maule, Winner, for defendants and appellants.
J. W. Grieves, Winner, for defendants-respondents.
Herman & Simpson, Gregory, for plaintiff-respondent.
The appeal in the above entitled action was perfected September 8, 1961. The record was settled April 2, 1962. No brief has been filed by appellants. The appeal is deemed abandoned.
Our order will be that the appeal be dismissed and the judgment of the trial court affirmed.
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Hawkins v. Peterson
...submitted for filing. (emphasis added). While failure of an appellant to file a brief may be fatal, Keierleber v. Star Prairie School Dist. No. 27, 80 S.D. 12, 117 N.W.2d 491 (1962), failure of the appellee to file a brief does not automatically translate to victory for the appellant. Appel......
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