The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-01
DECISIONS.
Monday, April I'D, 1879.

No. 7o96. Fritz Hackenberg, appellant vs.
Mrs. G. Garetkamp, tutrix ct al.-Appeal from
the Second judicial District Court parish 0
| Whsre sues tho heirs Of B to recover prop
| erty, tho title to which stands ia the latters
name, on the ground that in The purchase B
| though acting rs the agent Of A, whose funds
| fFere used for the purpose fraudulently took
ne t'tlo IN ms Own name. evidences Of sucf
be first established by authentic proof
| Judgment affirmed
| Justice Egan dssents
;, No gMl. City Of Now Orleans VS.. Francois r
! fourchy, appellaut.-Appeal from the Supe-
rior District Court, parish Of Orleans
though the law authorized the city Of New
| Orleans to exempt from thxatipn incomes 10
the arnoI mt Of 1900, the court will not presume
that such exemption was in reality made
Neither will the court presume that defendant'p
income consists Of legal tender" or national
bank" dollars. and that. therefore. the taxing
81 sufh Income Is In violation Of the laws Of
tho United States.
Article 1l8 Of the constitution does not pre-
vent the Legislatures exempting from taxation
$500 , worth of household furniture
me wrongful exemption or omission Of Ger
tain property from taxation docs not avoid the
entire assessment.
Judgment affirmed.
Justices DeBlan" and Fean dissent
NO. G5S7. The State Of Louisiana vs. Lee John
SON. GsorRe Edward ct ais. apE ellants APP
peal from tho Superior Criminal Court parish
OF Orleans.
TO enable the prosecution to uso against his
co-defendants the confession OF one Of several
parties indicted for the same offense 1t must
show affirmatively tbat tho confession was vol
untary and not made under improper innu-
en"ss When such confession IL made to an
officer, on his suggestion that the prisoner
might be used rs State Witness it is mad
missibe.
Judgment reversed and case reminded
No. 672o State of Louisiana VS.. J. Iiord. alias
J. NJ. Warren, appellant -Appeal from the
First District Court parish Of Orleans
An Indictment for the larceny Of bank notes
should aver their value; but such ayerm"nt is
unnecessary in an indictment for tho larcen y
Of government coin nr money.
Judgment affirmed.
No. 500. State Of Louisiana vs, Richard Hall.
appellnnt.-Appeal from the District Court par
ish Of Grant
Judgment affirmed.
NJ no. G'56. the ) ata VS.. Washngton TnzwelI,
cbita. 49, ''' ''''' ~ ooui T. '''''n o' oo"-
II is not necessary that the record in Grim
inal case should show that n grand Jury was
impanelod and it's foreman appointed for tho
term Mt which the Indictment Is fonnd IF the
record shows that the grand jury came into
court and presented the Indictment In due
form. this court Will. IN the absence ri specific
Objection and Affirmative proof 10 the contrary.
presume that th''I ury was properly organized.
Judgment affirmed.
No Gg3o CITY Of New Orleans va Mechanics
and Traders Insurance Company, appellant
Appeal from tho Superior district Court par
sh nf Drleana.
The taxing Of credits ard money at interest
Is not voative Of artIcle lls Of the constitution
Judgment affirmed.
No. GOO VIM. Il. Mills w. J Q. A. Fellows. ap-
p"lant-AppeaI from the Fifth District Court,
parish OF Orleans. Rehearing granted. and
rmer decree amended 30 as to reduce the
Judgment to s5Oso o.
No. 7o28 John McCafYrsy, Administrator. ap.
peiapt, va Charles Cavanac. Administrator
ppeal from the Third District Court. parish Of
o leans.
The ordinance Of the City Council Of July Is.
1877. directing the Administrator Of Improve
meDts to turn over and transfer to the Admin
istratOr Of Commerce all bridges over the New
and CarOndelet canals IL not in conflict with
any Of the PROVISIONS Of tho city charter.
Judgment affirmed
N, 1886. Kinion K Thompson VS.. John g.
Watson, appeAnt.-Appcal from the District
Court, parish Of TangDahoa. judgment af-
frmed.
No e9o2 Introduction Of G NJ BowIiteh-Ap-
peal from the Second District Court parish Of
q. leans. Rshearing granted on motion to dis