State v. Kinney

Decided October 25, 1875

Supreme Court of Iowa · decided 1875-10-25

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.

Cited by 1 later decisions (1 by the Supreme Court) — most recently April 1927

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Decided 1875-10-25

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Beck, J.

¶1The order of the district court dismissing the case was erroneous.

¶2The 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. .

¶3If 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 *425founded thereon at the proper time. Objections upon such grounds cannot be first made upon appeal in the District Court.

¶4Reversed.