VILLAGE OF CLARINGTON v. ALTHAR

Supreme Court — Dismissals — Constitutional question not raised in lower courts.

It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed on the ground that the constitutional question was not raised in either the trial court or the Court of Appeals and therefore the same is deemed waived.

Petition in error dismissed.

MARSHALL, C.J., KINKADE, ROBINSON and JONES, JJ., concur. ALLEN, J., not participating.