STATE v. LONGYEAR HOLDING CO

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Docket Number

No. 34,772.

Attorney(S)

Holmes, Mayall, Reavill Neimeyer, Arthur Roberts, and Pierce Butler, for appellants. J.A.A. Burnquist, Attorney General, and William C. Green, Special Assistant Attorney General, for the State.

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STATE v. LONGYEAR HOLDING COMPANY AND OTHERS. NORTH STAR IRON COMPANY OF WEST VIRGINIA AND OTHERS, APPELLANTS., Reported in 85 N.W.2d 291. Appeal to U.S. Supreme Court allowed February 17, 1949.

Appeal and error — review — subsequent appeal — questions decided on former appeal.

When 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.

PER CURIAM.

The assignments of error raise the identical questions presented on the former appeal from an order denying 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.

STATE v. LONGYEAR HOLDING COMPANY AND OTHERS. NORTH STAR IRON COMPANY OF WEST VIRGINIA AND OTHERS, APPELLANTS., Reported in 85 N.W.2d 291. Appeal to U.S. Supreme Court allowed February 17, 1949.

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