The opinion
On Petition for Rehearing.
Hackney, O. J.
The petition for a rehearing denies the jurisdiction of this court. The Appellate Court has only such jurisdiction as is expressly conferred upon it. Branson v. Studabaker, 133 Ind. 147 . Partition is not within the jurisdiction conferred by the statute upon the Appellate Court. .(Acts 1893, p. 29), We do not regard the question of jurisdiction as waived by a failure to present it while the appeal was pending in the Appellate Court, and before its transfer to this court. Jurisdiction over the subject-matter is not waived as it is, frequently, over the person. Upon a re-examination of the record we are confirmed *79 in onr conclusion that the question originally considered and passed upon was presented by the record, and was correctly decided. The petition is overruled.