Chambers v. Wilson

This matter is before the Court upon a motion by the plaintiff and respondent to dismiss the appeal from the judgment rendered by the trial court on the 4th day of August, 1939. The motion is based upon two grounds: First, that the appeal was not taken within 60 days after written notice of the judgment was served upon the defendant and' appellant; second, upon the ground that no undertaking, as provided by law, was served or filed by the appellant.

SDC 33.0702 fixes the time within which appeals to the Supreme Court from orders and judgments of the circuit court may be taken. The first clause…