State v. Longyear Holding Co.

Supreme Court of Minnesota

State v. Longyear Holding Co.

35 N.W.2d 291, 227 Minn. 255, 1948 Minn. LEXIS 666

Supreme Court of Minnesota·Decided December 24, 1948·No. No. 34,772.·Published·Cited by 4 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

State v. Longyear Holding Co., 35 N.W.2d 291, 227 Minn. 255, 1948 Minn. LEXIS 666 (Mich. 1948).

Pincite

35 N.W.2d 291 (State v. Longyear Holding Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related