State ex rel. Claver v. Broute

*764On petition for rehearing.

Respondent has petitioned for a rehearing. In such petition it is asserted that this court in its former opinion in this cause “apparently overlooked the fact that no question of jurisdiction was ever raised or presented in the trial of the case in -the court below,” and it is contended that such question cannot be raised for the first time in this court. The rule that the theory adopted in the trial court will be adhered to on appeal; and, hence, that a party may not urge on appeal, any error growing out of the trial or submission of the cause upon an incorrect…