The Russellville Democrat., 1891-07-30


 out. Bill Kersh ia coming to spend week with us. Please pay up all you owe us, as we will need the money.
 LEGAL LORE. Late D,cisiors of General Interest From
 Different States.
 LEVY ON JUDGMENT.
 Judgments in South Dakota gre subject to levy and sale on execution. Mclaughlin vs. Alexander (S. D).
 Where there is written warranty on sale of personal property, no prior contemporaneous warranty can be shown.-Bradford vs. Neil (Minn).
 STATUTE OF FRAUDS.
 A receivers verbal promise to pay a creditor who releases lien upon property which the receiver sells for the benefit of the firm, is void.-Bray vs. Parcher (Wis).
 MANDAMUs TO AUDITOR.
 An action may be brought against county auditor by person en- titled to require him to issue his warrant uppon the county treasurer to compel him to issue it.-Corbin vs. Morrow (Minn).
 SHIP--DEBT-LEvY.
 Partners being severally and joint ly liable, the property of either may be levied on to satisfy partnership debt, and the liability may be en- forcei sgrinst the property of each. --Daly V. Bradbury (Minn.).
 CARRIER OF GOODS.
 A common carrier of live stock can not by contract with & shipper re- lieve itself either in whole or in part from liability for injury or loss re- sulting from it's own negligence. = Chicago, R. I. X P. K. R. Co. V. Witley (Neb ).
 LEGAL HOLIDAYS.
 After July l, 1891, the legal holi- days in Illinois are September l, Feb ruary IF, January l, February 22, May 30, July 4, December 25, and Thanksgiving day.
 All notes, bills, drafts, checks, etc., maturing on above days, are considered as maturing on the day previous.
 The fact that a lease has always been in the possession of the lessor is not conclusive evidence that there has been no delivery, since the lessor has as much interest in 1t as the les see, and as much occasion for it's possession, and the facl that the ten ant has entered under it is sufficient to sustain presumption that it has been duly delivered. Oheto vs. Ros- tsno (Cal
 VENDORS LIEN.
 Where the owner of land contracts to convey 1t upon the payment of 8 certain price, for which he accepts notes, but the title is not to pass until the notes are paid, the land is, by express contract, held in pledge for such payment, and the notes and contract are in the nature of mort gage, and the lien will pass to the assignee of such note.- Glessner vs. Palmater (Cal.
 PUBLIC IMPRovEMENTs-D
 When private property is damaged by tho location and construction of g public Improvement near IL, and the property is not especially benefited by the improvement, the measure of the property owners damages is the difference between the value of the property immediately before the loca- ton and construction of the improve ment, and its value immediately af- terwards. -Plattsmouth vs. Boeck (Nebraska).
 LOTTERY.
 The Maryland state law prohibits any one from selling any gooGs, wares or merchandise, holding out as an iuducement for such sale Hany scheme or device by way of gift en- terprises of any kind or character whatsoever. = H is held that in so far as this statute prohibits s'gift en- 'erprises'' into whicE no element of chance enters, it is sn unreasonable restriction upon trade and in salid.-- Long vs. State (Md.
 MUTUAL BENEFIT INSURANCE.
 Where the bylaws of mutual bsnefit association provide that it's members shall be subject to but one assessment for each death loss, and one assessment is made from which only part of the amount due on q certificate is paid mandamus will not lie to compel the levy of another as-