Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1914-03-02

pespls's Dank a0alnse X1l0ss. H.
Southwestern Reporter, ~, 9uAomont
vas obtained against o AobeDe And two
executions duly lssosd. tAs dsse q
which was returned by itho Sherin
and Endorsed mo property found" The
debtor thereafter transferred his prop
erty by desd with proper confederation:
the conveyance beiAg made after the
sheriff had made tho above return.
but before the issuance Of the second
execution. The question arose ~ to
whether the creditors Hen by virtue OF
the Judgment, II he had any lien at all.
Yves paramount 20 any rights that the
purchaser may have had. The court
OF appeals OF Kentucky held that as
the return OF the nrst execution, With
out any levy having been made, wholly
terminated the CREDITORS rights under
1t, and a. the debtor by his conveyance
completely Invested himself OF the
property before the second execution
was issued. the purchasers title was
good.
PROTECTING THE BRAKEMAN.
The syllabus by the Court in Supre-
nant VI. Great Northern Ry. Co. (Su-
preme Court Of Minnesosa) 143 NORTH
western Reporter. 12o. shows how far
Minnesota courts have gone to make
q brakeman's work less hazardous.
'Pllintin was brakeman upon freigh.
train. In the train was Q nat car upon
which two threshing machine separa-
tors were loaded. For many years 1t
had been the custom for bfakenlen.
having occasion TO pass over such cars
50 loaded while the train Was in
motion. to walk along tho edge Of the
car ut the side Of the separators and
save themselves from falling by grasp
ing such parts Of the separators or OF
tbs attachments thereto, a. were avail.
able for 'handholds.' Defendant pro-,
vided no other practicable way for
passing over such cars. and no other
means for protection while doing go.
Plaintiff while passing over this car
in tho usual manner. grasped . pulley
on the end OF shaft. which was not
secured in place in any manner and
slipped on the shaft. causing ptaintin
to fall and sustain serious injuries-
Held. that it was the duty Of defendant
to exercise ordinary care to see that
such parts OF the load as were likely.
to be used as 'handholds' were SO
secured as not to expose its employees
to unnecessary danger, and that the
evidence Is sufficient to sustain the
verdict"
A TRANSPARENT DIET.
coliards green's and corn bread
beautifully seasoned with broken glass
were the dishes which julie Leary in
tended 10 serve 10 Lucius zeiEier In
ORDER tina; the said IEctne might make
a premature appearance before his
Maker. This hospitality resulted in an
~~,fSA
murder: but as it did not show that
Lucius had parfaken Of the crystal diet.
or that it had been administered to
him. the Court Of Appeals OF Georgia
in Leary vs.. State. - Southeastern
Reporter, 5s4. held that a demurrer to
the Indictment should have sustained.
ABANDONMENT OF HOMESTEAD.
The husband and wife in the present.
controversy. owners OF a homestead.
were summarily interrupted In their
domestic relations by the arrest OF tne
husband on a criminal charge. He was
then confined IN tail for several months.
during which time the wife returned
to the home Of her father. where the
husband also repaired Immediately on
hsz release, instead Of returning to the
homestead. Being In financial STRAITS
he then conveyed the homestead prop
erty without hi. wife joining tn tho
deed. No objection was raised TO eh's
transaction till several years iater,
when II was sought to recover tne
property on the ground that the con
vsyancs was Illegal. in that the VIE
Wis not made = party thereto. De-
PENDANT tfereupcn to sustain his pnr.
chase, Attempted 10 show Abandonment
OF homestead and that conseoue entity tne
wife's Joinder was not necessary Inc
supreme court Of Mississippi, WINE
determining that the premises had oe
come abandoned by residence ~ .ne
hon. ~ the vffe's father. yet held that
4he detention in JAIL did not amount to
abandonment. which necessarily i'm
plies that the act should Be done on the
nnrty'. own volitlon. Lindsey IS. Holly.
g Southern Reporter. 20.