¶1ON PETITION FOR REHEARING
¶2The petition for rehearing charges that this court ignored.a jurisdictional question. This case was originally filed in the Allen Circuit Court and then on a change of venue sent to the Wells Circuit Court. The Wells Circuit Court then remanded the case back to the Allen Circuit Court, in which court the appellees filed their demurrer to the complaint. The appellees then on appeal asserted that the Allen Circuit Court had no jurisdiction to act in this particular case.
¶3The Supreme Court of Indiana, by Judge Bobbitt, in the case of State ex rel. Johnson v. Reeves, Judge, etc. et al. (1954), 234 Ind. 225, 228, 125 N. E. 2d 794, has stated that there are three essential elements of jurisdiction:
“(1) jurisdiction of the subject-matter, (2) jurisdiction of the person, and (3) jurisdiction of the particular case.” (Citing cases.)
¶4*598It is apparent that the Allen Circuit Court had jurisdiction of the subject matter of this case, and it is also apparent that when the appellees filed their demurrer they waived any question as to jurisdiction of the person by such general appearance, and where the jurisdiction of the trial court over a particular case is in question, it must be raised at the earliest opportunity. State ex rel. Johnson v. Reeves, Judge, etc. et al. supra.
¶5There is nothing in the record before us to show that appellees raised the question of jurisdiction over this particular case at any time in the proceedings had in the Allen Circuit Court. Having failed to raise the question at the earliest opportunity, the question of how or why this cause was remanded back to the Allen Circuit Court is thereby waived.
¶6Petition for rehearing denied.
¶7Myers, C. J., Ax, Cooper, JJ., concurring.
¶8Note. — Reported in 164 N. E. 2d 118. Rehearing denied 164 N. E. 2d 650.