Mercantile Commercial Bank v. Southwestern Indiana Coal Corp.

On Petition for Rehearing.

Nichols, J.

On rehearing, appellees undertake to present that §5514 Burns 1926, cited and quoted in the original opinion, is not applicable to the facts herein involved, for the reason that the corporation was at the time insolvent, and that the statute had no application to insolvent corporations. No such question, in this regárd, as appellees seek to raise now, was presented in the original brief, and appellees thereby waived the same.

It is a well-established rule of this court and of the Supreme Court that questions not presented on the first hearing of a cause, on…