State ex rel Lyons v. Anderson

• Decision Date: 03 June 1919
• Docket Number: 4509
• Citation: 172 N.W. 780,42 S.D. 23
• Parties: STATE OF SOUTH DAKOTA EX REL LYONS INDEPENDENT CONSOLIDATED DISTRICT NO. 3, Plaintiff and respondent, v. JOSEPHINE ANDERSON, Defendant and appellant.
• Court: South Dakota Supreme Court

42 S.D. 23

172 N.W. 780

STATE OF SOUTH DAKOTA EX REL LYONS INDEPENDENT CONSOLIDATED DISTRICT NO. 3, Plaintiff and respondent,

v.

JOSEPHINE ANDERSON, Defendant and appellant. South Dakota Supreme Court Appeal from Circuit Court, Minnehaha County, SD Hon. Louis L. Fleeger, Judge #4509--Affirmed Teigen & Davis Attorneys for Appellant. Caldwell & Caldwell Attorneys for Respondent. Opinion filed June 3, 1919

PER CURIAM.

Appeal from an order overruling defendant's demurrer to plaintiff's alternative writ of mandamus made and entered November 4, 1918. Notice of appeal was filed in this court December 17, 1918. Thereafter by four separate written stipulations filed in this court appellant's time for serving and filing briefs was extended to May 1, 1919. No appeal record or briefs have been filed, and no stipulation for further extension of time for serving briefs has been filed. Appellant is therefore in default.

The order of the trial court appealed from is affirmed.