Opinion
No. 34,772.
December 24, 1948.
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.
Appeal by defendants North Star Iron Company of West Virginia and others from a judgment of the district court for St. Louis county, Edwin J. Kenny, Judge, in favor of the state. Affirmed.
See, State v. Longyear Holding Co. 224 Minn. 451, 29 N.W.2d 657.
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.
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.