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STATE v. LONGYEAR HOLDING COMPANY AND OTHERS. NORTH STAR IRON COMPANY OF WEST VIRGINIA AND OTHERS, APPELLANTS

Minnesota Supreme Court1948-12-24No. No. 34,772
227 Minn. 255

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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.