State v. Kinney ( 1875 )

Beck, J.

The order of the district court dismissing the case was erroneous.

The jurisdiction of justices of the peace is co-extensive with the county. Code, § 4660. The justice trying the cause acquired jurisdiction therein by defendant having been brought into his court and submitting, without objection, to be tried there. .

If there was any error or irregularity in taking defendant before the justice rendering the judgment, which we do not determine, it.was waived by the failure to raise objection founded thereon at the proper time. Objections upon such grounds cannot be first made upon appeal in the District Court.

Reversed.