Peterson v. Great American Insurance

Respondent has moved to dismiss this appeal for the reason that appellant failed to comply with SDC 33.0736. This section of the Code so far as here material provides: “The transcript and assignments of error shall *590be served upon the adverse party within ten days after the receipt thereof by the party to whom it was delivered * *

The facts disclose that written notice of entry of judgment was served October 9, 1950. Immediately thereafter, and before perfecting an appeal, the appellant ordered a transcript from the court reporter. The transcript was delivered October 28, 1950. On December 15,…