State v. Longyear Holding Co.
35 N.W.2d 291
Minn.
1948
Check Treatment
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.