Minnesota Supreme Court, 1948

State v. Longyear Holding Co.

State v. Longyear Holding Co.
Minnesota Supreme Court · Decided December 24, 1948 · PER CURIAM.
35 N.W.2d 291; 227 Minn. 255; 1948 Minn. LEXIS 666 (North Western Reporter, Second Series)

Counsel

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 Co.

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3 later published cases cite this decision.

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Opinion of the Court

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.