Abbott v. Rudolph

To consider the power of the trial court to include a transcript in the settled record, notwithstanding the failure of appellant to “forthwith” file the same in the office of the clerk of courts after it had been duly ordered and served as provided by SDC 33.0736, we issued a writ of certiorari. For reasons hereinafter set forth, we have concluded that the writ was inadvertently issued. Nevertheless, we have determined to treat the application for the writ as a motion made in the appeal from the judgment of the trial court, and thus relieve respondent from the useless labor of presenting his…