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 [1] the justice of the peace court was a judgment by default, the case, upon principle, cannot be distinguished from Maxey *428v. 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.