
    TAYLOR, Respondent, v. COMBS et al., Appellants.
    (No. 3,673.)
    (Submitted May 17, 1916.
    Decided June 12, 1916.)
    [158 Pac. 474.]
    
      Justices’ Courts—Judgment by Default—Appeal to District Court.
    
    1. An appeal to the district court lies from a judgment by default rendered by a justice of the peace.
    
      Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge.
    
    Action by George Taylor against J. Combs and another. From a judgment of the district court, dismissing an appeal from a judgment in a justice of the peace court, defendants appeal.
    Reversed and remanded.
    
      Messrs. Day & Mapes, for Appellants, submitted a brief; Mr. E. C. Day argued the cause orally.
    
      Mr. E. D. Phelan, for Respondent, submitted a brief and argued the cause orally.
   MR. JUSTICE HOLLOWAY

delivered the opinion of the court.

This action originated in a justice of the peace court. Plaintiff was awarded judgment, and defendants appealed to the district court. In the district court plaintiff interposed a motion to dismiss the appeal on the ground that the judgment of the justice court was a judgment by default. The motion was sustained, and from the judgment which followed, this appeal is prosecuted.

Assuming, without deciding, that the judgment rendered by the justice of the peace court was a judgment by default, the case, upon principle, cannot be distinguished from Maxey v. Cooper, 21 Mont. 456, 54 Pac. 562, and upon the authority of that case the judgment of the district court is reversed and the cause is remanded for further proceedings.

Reversed and remanded.

Mr. Chief Justice Brantly and Mr. Justice Sanner concur.  