This cause was submitted under rule 21, at April term, 1905. Appellant having filed no abstract or brief, the appeal is deemed abandoned; State v. Allison, 21 S. D. — 108 N. W. 556; Benedict v. Smith, 10 S. D. 35, 71 N. W. 139; Giles v. Mining Co., 11 S. D. 222, 76 N. W. 928, and the judgment of the circuit court is affirmed.