RUDOLPH, Judge.
Respondent has moved to dismiss this appeal for the reason that appellant failed to comply with SDC 33.0736. This section of the Code so far as here material provides: "The transcript and assignments of error shall be served upon the adverse party within ten days after the receipt thereof by the party to whom it was delivered * * *".
The facts disclose that written notice of entry of judgment was served October 9, 1950. Immediately thereafter...
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