Appeal and Error.
Appeal was deemed abandoned where, after more than 40 days following the date set for settlement of the record, the record was still not settled. SDC 1960 Supp. 33.0741.
PER CURIAM.
The appeal in the above matter was perfected on August 28, 1961. Time for settling the record was extended to June 23, 1962. More than forty days have elapsed since that date and the record is still not settled. By virtue of SDC 1960 Supp. 33.0741 the appeal is deemed abandoned.
Our order will be that the appeal be dismissed and the judgment of the trial court affirmed.