Illinois Supreme Court October 26, 1908 (In re Estate of McWhirter)

Mr. Justice Carter

delivered the opinion of the court:

Appellee contends that the constitutionality of the statute in question was not raised in the lower court and therefore cannot be first raised in this court. (Foote v. Lake County, 198 Ill. 638; Mechanics’ Savings Ass. v. People, 184 id. 129; Opaque Cloth Shade Co. v. Veight, 161 id. 337.