34,772. Precedential Affirmed Processed

State v. Longyear Holding Co.

Minnesota Supreme Court · Filed December 24, 1948 · 35 N.W.2d 291

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Opinion text

Per Curiam. The assignments of error raise the identical questions presented on the former appeal from an order dénying defendants’ motion for a new trial. State v. Longyear Holding Co. 224 Minn. 451 , 29 N. W. (2d) 657 . Where an order denying a new trial has been affirmed on appeal, all questions that might have been raised therein are set at rest and cannot be raised on a subsequent appeal from the judgment. School Dist. No. 1 v. Aiton, 175 Minn. 346, 348 , 221 N. W. 424, 425 ; Skog v. Pomush, 221 Minn. 11 , 20 N. W. (2d) 530 ; 1 Dunnell, Dig. & Supp. § 398. Hence, the decision on the former appeal is decisive here. Judgment affirmed.