State v. Sioux Falls Brewing Co.

The appeal was taken from an order granting an injunction and from an order refusing to vacate and set it aside. The notice of appeal and undertaking were duly served on October 10, 1890. The motion to dismiss is based upon the fact that the appellants have failed and refused to prosecute the appeal. Upon application to this court, based upon affidavit setting forth the facts, an order was granted and duly served upon the appellants to show cause why this appeal should not be dismissed. In response to said order, the appellants have interposed the following objections, viz.: (1) Want of due…