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State v. Kinney

State v. Kinney, 41 Iowa 424 (1875)
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Court
Supreme Court of Iowa · State Highest Courts
Decided
October 25, 1875
Judges
Beck
Citations
41 Iowa 424
Cited by 6
Headnotes
1. Jurisdiction: waiver oe objection to. An objection to tlie juris-' diction of a justice of the peace will be presumed to have been waived unless made upon the trial before him. It cannot 'first be raised upon appeal in the District Court.
Summary
Appeal from_ Montgomery District Oourt. Defendant was arrested upon an information charging him with the offense of assault and.battery, and brought before a, justice other than the one issuing the warrant. Upon an affidavit for a change of venue the cause was sent back to the first justice, who, being unable to try the cause, sent it to a third justice; all of these justices were of the county in which the offense was committed. The defendant pleaded not guilty, and made no objection to the jurisdiction of the last mentioned justice; upon a trial before that officer he was convicted and fined. Upon appeal to the district court the case was dismissed on the ground that the justice trying it had no jurisdiction thereof. From this order the state appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Beck

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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 *425 founded thereon at the proper time. Objections upon such grounds cannot be first made upon appeal in the District Court.

Reversed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 6 cases

View all citing references →
1877–1878: 11909–1910: 11923–1924: 11925–1926: 11947–1948: 11975–1976: 118772026peak 1877 · 1

Relies on it most ⓘ

  1. Ford v. United States273 U.S. 593 (1926)
  2. State v. Hofer28 N.W.2d 475 (Iowa 1947)
  3. State v. Elliott45 Iowa 486 (1877)
  4. State v. Buckley232 N.W.2d 266 (Iowa 1975)
  5. State v. Russell121 N.W. 918 (N.D. 1909)
  6. Cole v. United States298 F. 86 (8th Cir. 1924)

Most recent

  1. State v. Buckley232 N.W.2d 266 (Iowa 1975)
  2. State v. Hofer28 N.W.2d 475 (Iowa 1947)
  3. Ford v. United States273 U.S. 593 (1926)
  4. Cole v. United States298 F. 86 (8th Cir. 1924)
  5. State v. Russell121 N.W. 918 (N.D. 1909)
  6. State v. Elliott45 Iowa 486 (1877)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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