155 N.W. 782 | S.D. | 1915
Four orders to show cause 'havé been granted herein and returns made thereto. The questions thus presented are before us for consideration and determination. Owing to the conclusions we have reached' upon the questions presented by three of these orders and the returns thereto', we find it unneces-say to consider the other order and return.
It will therefore be the order of this court that all the orders to show cause herein be dismissed, except the last above mentioned; that the purported settled record herein be, by the clerk of this court, returned to the clerk of the trial court; and that the time within which appellant shall file his brief in this court be extended until February 5, 1916, in order that appellant, if he so desires, may apply to the trial court for a certificate settling a record of the proceedings in said' court, nunc pro tunc as of the day when the motion for new trial was presented to such court. Nothing said herein should be taken by the trial court as an expression of any view held by this court as to the right of appellant to such nunc pro tunc certificate. -