Respondent moves to dismiss this appeal upon the ground that it has not been prosecuted with proper diligence. The objection to the motion on the ground that sufficient notice of the hearing was not given is overruled, for the reasons stated in Smith v. Hawley, 11 S. D. 399, 78 N. W. 355. Upon the merits of the motion, we think* appellant has excused the delay, and the motion to dismiss is denied.