State v. Sax

I dissent. I do not believe that the mother of an illegitimate child has any right to appeal in her individual capacity from an order of the district court approving the payment of a lump sum in settlement of the liability of the father under M. S. A. 257.28. Consequently, I think that the appeal should be dismissed for the reason that if the mother has no right to appeal under our statutes we have no jurisdiction to consider the appeal.

Appellate jurisdiction cannot be conferred upon us by consent. Even though the right to appeal is not properly raised here, we cannot overlook it. Bulau v.…