
    Nelson A. Lee vs. Dexter Parrett and another.
    June 29, 1878.
    Justice of Peace — Appeal—Jurisdiction.—Where an appeal is taken from s> justice of the peace to the district court, upon questions of law and fact, and the case there tried, and judgment entered therein without objection, the jurisdiction of the district court' is complete, even though the justice had no jurisdiction for the reason that the amount in controversy exceeded one hundred dollars.
    Appeal by plaintiff from a judgment of the district court for Mower county, entered on the report of a referee, in an action of replevin, commenced in a justice’s court.
    
      J. Q. é J. D. Farmer, for appellant.
    
      O. J. Shortt, for respondents.
   Berry, J.

This ease came into the district court for Mower-county upon appeal, upon questions of law and fact, from a judgment of a justice of the peace. In pursuance of a stipulation of the parties, and by order of the court, it was sent to-a referee, for a trial and determination of the issues therein. Having heard the case, the referee reported a judgment in favor of defendants. Prom the judgment entered in accordance with the report, the plaintiff appeals to this court. The only point made in support of the appeal is, that thq justice had no jurisdiction of the action brought before him, because the amount in controversy therein exceeded one hundred dollars, and that, therefore, the district court acquired no jurisdiction through the appeal. Whether the objection to the jurisdiction of the justice would have'been valid or not, if it had been seasonably and properly taken, we need not inquire. No objection appears to have been taken to the jurisdiction of the district court until the ease reached this court. The case was one of which the district court could acquire complete jurisdiction by the voluntary appearance of the parties, and their voluntary submission of the matters in controversy between them to its adjudication. That is precisely what was-done in this case, and the effect was to confer upon the district court complete jurisdiction to render the judgment appealed from.

Judgment affirmed.  