
    Louis Schroeder vs. Frank Harris, impleaded, etc.
    April 16, 1890.
    Appeal from Justice — Dismissal instead of Affirmance — Harmless Error. — From a careful examination of the record in this action, it is manifest that the proceedings in justice’s court, which resulted in a judgment against this appellant, were regular and sufficient in every particular. Held that, even if the district court erred in dismissing an appeal upon questions of law alone, instead of affirming said judgment, (on which no opinion is expressed,) the error was without prejudice.
    Appeal by defendant Harris from an order of the district court for Becker county, Mills, J., presiding, dismissing his appeal (on questions of law only) from a judgment of $34.46 against him in justice’s court, on the ground that it was described in the notice of appeal as a judgment of $2.50.
    
      W. W. Rossman and Jeff H. Irish, for appellant.
    
      C. M. Johnston and Walter J. Trash, for respondent.
   Collins, J.

Appeal from an order of the district court dismissing an appeal, upon questions of law alone, from a judgment rendered in justice’s court. We have carefully examined the very full and complete record of the proceedings in the trial court, and it is manifest that no error can be found therein. If, therefore, the district court committed a mistake in dismissing the appeal, as to which we express no opinion, it was without prejudice to the appellant. Instead of having the justice’s judgment affirmed, as it should have been on the record, there was simply a dismissal of the appeal. Of this result the appellant ought not to complain.

Order affirmed.  