233 N.W. 316 | Minn. | 1930
In order to be effective for any purpose such a notice must be served and filed within 30 days from the notice by the adverse party of the filing of the order appealed from. G. S. 1923 (2 Mason, 1927) §§ 9492, 9497. Counsel for defendant has been so accommodating as not to question our jurisdiction, but that does not help *574 plaintiff. The jurisdiction of this court on appeal does not rest upon the consent of counsel or litigants. If it does not exist otherwise, no amount of accommodation on their part can create it. The appeal must be dismissed.
The printed record should show jurisdiction plainly and affirmatively. In this case the notice of appeal was not printed, nor is there in the printed record any reference to its date. There is only the misleading statement that one was "duly served and filed as provided by statute."
Appeal dismissed.