State v. Thayer

([dissenting.) — From the conclusion announced in the majority opinion I dissent. The Attorney-General has filed an admirable brief in this cause, in which he collected'a great array of authorities, everyone announcing in terms or in effect, the principle that as an appeal is purely a right and a creature of the statute, that no such right or creature exists unless it be affirmatively granted by the statute which creates it.

None of these authorities, though directly in point, have been cited, noticed or discussed in the majority opinion. It is sometimes easier to ignore a long array of…