
    The State v. Kinney.
    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.
    
      Appeal from_ Montgomery District Oourt.
    
    Monday, October 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. 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.
    
      M. E. Cutts, Attorney General for the State.
    No appearance for appellee.
   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.  