19 Iowa 82 | Iowa | 1865
The District Court had jurisdiction of the subject matters of the suit, and could acquire and exercise such-
This case is very different from Kimble v. Riggin, 2 G. Greene, 245. In that case there was no judgment of the justice,'and hence no appeal could be taken. Such was also the ease in Brown v. Scott, 2 Id. 455; and in Guthrie v. Humphrey, 8 Iowa, 23. The case of Chapman v. Morgan, 2. G. Greene, 374, is not in conflict with our view in this case. In that case it was held that where a court could not, by any process, acquire jurisdiction of the subject matter, legal jurisdiction could not be conferred by appearance and. consent. In other words, where a court has. not jurisdiction under the law it cannot acquire it by consent.
Where a court has jurisdiction of the subject matter, a mere irregularity in-the process or its service will not prevent its exercise, where there is voluntary appearance. By such appearance the purpose and object of the process, or other means of enforcing appearance, is accomplished, and hence such process is rendered unnecessary. This is especially true under our Revision, see § 2840; State Bank v. Van et al., 12 Iowa, 523.
Affirmed.