alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John Crow *v.*Samuel Mark.

1. Tenants in *common—remedies as between themselves.*One tenant in common of realty can not maintain an action of assumpsit against his co-tenant for his proportion of the rents, the latter having had exclusive possession. His only remedy is by an action of account under the statute, or by a bill in chancery.

2. Jurisdiction *of justices of the peace.*A justice of the peace has no jurisdiction in an action of account.

Appeal from the Circuit Court of Warren county; the Hon. Arthur A. Smith, Judge, presiding.

The opinion states the case.

Mr. J. W. Davidson, for the appellant.

Mr. John J. Glenn, for the appellee.

Mr. Justice Lawrence

delivered the opinion of the Court:

This was an action brought before a justice of the peace by one tenant in common against a co-tenant, to recover the plaintiff’s portion of the rent for a tract of land, of which the defendant had had exclusive possession. The case was brought by appeal to the circuit court, and on the trial there, after the plaintiff closed his evidence, the court, on motion of the defendant, dismissed the suit. There was no error in this. One tenant in common of realty can not maintain an action of assumpsit against his co-tenant for his proportion of the rents. His only remedy is by an action of account under the statute, or by a bill in chancery. *Sherman*v. Ballou, 8 Conn. *333306 ; *Wheeler*v. Howe, Willes, 208. A justice of the peace has no jurisdiction in an action of account, and therefore this suit was properly dismissed.

*Judgment affirmed.*
NO. 07-05-0163-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TE XAS

AT AMARILLO PANEL D JUNE 30, 2005

______________________________ R. WAYNE JOHNSON, Appellant

V. BRUCE ZELLER, Appellee

_________________________________ FROM THE 181st DISTRICT COURT OF POTTER COUNTY; NO. UNAS SIGNED; H ONORABLEJOHN B. B OARD, JU DGE

_______________________________ MEMORANDUM

OPINION

_______________________________ Before QUINN, C.J., and REAVIS and CAMPBELL, JJ.
R. Wayne Johnson, appellant, an inmate proceeding pro se , appeals the trial court’s order denying him permission to sue. We dismiss the appeal.2

The clerk’s record was fil ed with t his court on May 3, 2005. The court reporter notified this cou rt that the re were never any on-the-record hearings and therefore, no notes to transcribe into a reporter’s record. Appellant’s brief was therefore due on June 2, 2005. Bylet ter dated June 15, 2005, we notified appellant that the due date for the brief had passed, that the brief had not been filed and no motion for exten sion of time to file had been recei ved by the co urt. Citing Tex. R. App. P. 38.8, the letter also notified appellant thatthe appeal would be subject to dismissal unless a response reasonably explaini ng his failureto file a brief, together with a sho wing that the appellee has not been si gnificantly injured by the failure, was submitted by June 27, 2005. Appellant has not filed a response to the court ’s June 1 5th lette r, nor has he submi tted a bri ef or a motion for extension of time.
A cc ordingly, we dismiss the appeal for want of prosecution. Tex. R. App. P. 38.8(a)(1 ); 42.3(b)

.

Brian Quinn Chief Justice
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from
financial information for Morris Material Handling, Inc. and is qualifified in
its entirety by reference to such financial statements.
</LEGEND>

<CIK>                                      0001060951
<NAME>                        Morris Material Handling, Inc.
<MULTIPLIER>                                   1,000

<S>                               <C>
<PERIOD-TYPE>                     3-MOS
<FISCAL-YEAR-END>                   OCT-31-2000
<PERIOD-START>                      NOV-01-1999
<PERIOD-END>                        JAN-31-2000
<CASH>                                         237
<SECURITIES>                                   0
<RECEIVABLES>                               64,493
<ALLOWANCES>                                (1,511)
<INVENTORY>                                 39,907
<CURRENT-ASSETS>                           111,737
<PP&E>                                      71,446
<DEPRECIATION>                             (31,685)
<TOTAL-ASSETS>                             218,999
<CURRENT-LIABILITIES>                      349,557
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                (134,735)
<TOTAL-LIABILITY-AND-EQUITY>               218,999
<SALES>                                     66,719
<TOTAL-REVENUES>                            66,719
<CGS>                                      (50,872)
<TOTAL-COSTS>                              (50,872)
<OTHER-EXPENSES>                           (16,860)
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                          (7,750)
<INCOME-PRETAX>                             (2,383)
<INCOME-TAX>                                (1,788)
<INCOME-CONTINUING>                         (4,155)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                (4,155)
<EPS-BASIC>                                  0
<EPS-DILUTED>                                  0


</TABLE>
### §10213. Reserve components: dual membership prohibited

Except as otherwise provided in this title, no person may be a member of more than one reserve component at the same time.

(Added Pub. L. 103–337, div. A, title XVI, §1661(a)(1), Oct. 5, 1994, 108 Stat. 2979.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 261(b) of this title, prior to repeal by Pub. L. 103–337, §1661(a)(2)(A).

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as a note under section 10001 of this title.
### §1449. Mental incompetency of member

(a) Election by Secretary Concerned on Behalf of Mentally Incompetent Member.—If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, an election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned.

(b) Revocation of Election by Member.—

(1) Authority upon subsequent determination of mental competence.—If a person for whom the Secretary has made an election under subsection (a) is later determined to be mentally competent by an authority named in that subsection, that person may, within 180 days after that determination, revoke that election.

(2) Deductions from retired pay or CRSC not to be refunded.—Any deduction made from retired pay or combat-related special compensation by reason of such an election may not be refunded.

(Added Pub. L. 92–425, §1(3), Sept. 21, 1972, 86 Stat. 708; amended Pub. L. 95–397, title II, §207(a), Sept. 30, 1978, 92 Stat. 848; Pub. L. 101–189, div. A, title XIV, §1407(a)(3), title XVI, §1621(a)(1), Nov. 29, 1989, 103 Stat. 1588, 1602; Pub. L. 104–201, div. A, title VI, §634, Sept. 23, 1996, 110 Stat. 2560; Pub. L. 114–328, div. A, title VI, §643(c)(1), Dec. 23, 2016, 130 Stat. 2166.)

#### **Editorial Notes**

#### Amendments

2016—Subsec. (b)(2). Pub. L. 114–328 inserted "or CRSC" after "retired pay" in heading and "or combat-related special compensation" after "from retired pay" in text.

1996—Pub. L. 104–201 amended section generally. Prior to amendment, section read as follows: "If a person to whom section 1448 of this title applies is determined to be mentally incompetent by medical officers of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, any election described in subsection (a)(2) or (b) of section 1448 of this title may be made on behalf of that person by the Secretary concerned. If the person for whom the Secretary has made an election is later determined to be mentally competent by an authority named in the first sentence, he may, within 180 days after that determination revoke that election. Any deductions made from retired pay by reason of such an election will not be refunded."

1989—Pub. L. 101–189 substituted "Department of Veterans Affairs" for "Veterans' Administration" and struck out "or retainer" after "made from retired".

1978—Pub. L. 95–397 substituted "subsection (a)(2) or (b)" for "the first sentence of subsection (a), or subsection (b)".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–397 effective Oct. 1, 1978, and applicable to annuities payable by virtue of amendment for months beginning on or after such date, see section 210 of Pub. L. 95–397, set out as a note under section 1447 of this title.
§ 162.106 What will BIA do if possession is taken without an approved agricultural lease or other proper authorization? ( a ) If an agricultural lease is required, and possession is taken without an agricultural lease by a party other than an Indian landowner of the tract, we will treat the unauthorized use as a trespass. Unless we have reason to believe that the party in possession is engaged in negotiations with the Indian landowners to obtain an agricultural lease, we will take action to recover possession on behalf of the Indian landowners, and pursue any additional remedies available under applicable law.
( b ) Where a trespass involves Indian agricultural land, we will also assess civil penalties and costs under part 166, subpart I, of this chapter.
[66 FR 7109, Jan. 22, 2001, as amended at 77 FR 72474, Dec. 5, 2012; 78 FR 19100, Mar. 29, 2013]
#### § 21.30 General.

Each document subject to codification shall include a clear statement as to the date or dates upon which its contents become effective.
§ 166.601 How is the amount of the bond determined? ( a ) The amount of the bond for each permit is based on the: ( 1 ) Value of one year's grazing rental payment;
( 2 ) Value of any improvements to be constructed;
( 3 ) Cost of performance of any additional obligations; and
( 4 ) Cost of performance of restoration and reclamation.
( b ) Tribal policy made applicable by § 166.100 of this part may establish or waive specific bond requirements for permits.
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### **CHAPTER 11—RESERVE COMPONENTS**

Sec.
241.
Reference to chapters 1003, 1005, and 1007.

#### **Editorial Notes**

#### Amendments

**2018**—Pub. L. 115–232, div. A, title X, §1081(a)(4), Aug. 13, 2018, 132 Stat. 1983, which directed amendment of the analysis of chapter 4 of this title by renumbering item 261 as 241, was executed by making the amendment in this analysis to reflect the probable intent of Congress.

**1994**—Pub. L. 103–337, div. A, title XVI, §1661(a)(2)(B), Oct. 5, 1994, 108 Stat. 2979, added item 261 and struck out former items 261 to 281.

**1993**—Pub. L. 103–160, div. A, title VIII, §828(c)(1), Nov. 30, 1993, 107 Stat. 1714, added item 279.

**1984**—Pub. L. 98–525, title XIV, §1405(7)(C), Oct. 19, 1984, 98 Stat. 2622, in item 264 substituted "armed force" for "military department" and "Reserves" for "reserves" and struck out "; reports to Congress" at end.

**1978**—Pub. L. 95–485, title IV, §406(b)(2), Oct. 20, 1978, 92 Stat. 1616, struck out item 279 "Training reports".

**1967**—Pub. L. 90–168, §2(7), Dec. 1, 1967, 81 Stat. 522, substituted "designation of general or flag officers of each military department; personnel and logistic support for reserves; reports to Congress" for "responsibility for" in item 264.

**1960**—Pub. L. 86–559, §1(2)(D), June 30, 1960, 74 Stat. 264, added item 281.

**1958**—Pub. L. 85–861, §1(6), Sept. 2, 1958, 72 Stat. 1439, added items 270, 271, 272 and 279.
Exhibit 32.3


CERTIFICATION OF CHIEF FINANCIAL OFFICER


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES‐OXLEY ACT OF 2002





I, Keith S. Franz, Chief Financial Officer, in connection with the Annual Report of CĪON Investment Corporation (the “Company”) on Form 10-K for the year ended December 31, 2018, as filed with the Securities and Exchange Commission on the date hereof (the “Annual Report”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





|   |                                                                                                                                                                                                                                                                                                                                                                                                                                                
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|1. | The Annual Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities                                                                                                                                                                                                                                                                                                        Exchange Act of 1934, as amended; and




|   |                                                                                                                                                            
|-- | -----------------------------------------------------------------------------------------------------------------------------------------------------------
|2. | The information contained in the Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







Date: March 18, 2019

















/s/ Keith S. Franz


Keith S. Franz


Chief Financial Officer


(Principal Financial and Accounting Officer)


CĪON Investment Corporation
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# Signal Soldiers Conduct Joint Training with ROK Army 

By Pfc. Byun, Jae Hyuk1st Signal Brigade Public Affairs Office

                SUWON, South Korea  –              

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#### § 161.6 Are there any other restrictions on information given to BIA?

Information that the BIA collects in connection with permits for NPL in sections 161.102, 161.206, 161.301, 161.302, 161.304, 161.402, 161.500, 161.502, 161.604, 161.606, 161.703, 161.704, 161.708, 161.717, 161.800, 161.801, and 161.802 have been reviewed and approved by the Office of Management and Budget. The OMB Control Number assigned is 1076-0162. Please note that a federal agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.
ROBERT GRIFFIN

,

Appellant,

v.

STATE OF FLORIDA

,

Appellee

. IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 3523

_________ ____________________/

Opinion filed January 6, 2015.

An appeal from an order of the Circuit Court for Clay County

. John H. Skinner , Judge

.

Robert Griffin, pro se

, Appellant.

Pamela Jo Bondi, Attorney General, and Donna A. Gerace, Assistant Attorney

Gen eral, Tallahassee , for Appellee.

PER CURIAM.

AFFIRMED.

BENTON, WETHERELL, and SWANSON, JJ., CONCUR.
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# Osprey Showcased in Mainland Japan

By Lance Cpl. Abbey PerriaIII Marine Expeditionary Force

                FLEET ACTIVITIES YOKOSUKA, Japan  –              

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#### § 15.4 What are the requirements for a valid will?

You must meet the requirements of § 15.3, date and execute your will, in writing and have it attested by two disinterested adult witnesses.
#### § 16.3 Legal representation in State courts.

The statutory duties of the Secretary to furnish legal advice to any Indian of the Five Civilized Tribes, and to represent such Indian in State courts, in matters affecting a restricted interest owned by such Indian, shall be performed by attorneys on the staff of the Solicitor, under the supervision of the Field Solicitor. Such advice and representation shall be undertaken to the extent that the Field Solicitor in his discretion shall consider necessary to discharge said duties, with due regard to the complexity of the legal action contemplated, the availability of staff attorneys for such purposes, the value and extent of the restricted interests involved, possible conflicts between Indians claiming to be owners of such interests, the preference of such owners concerning legal representation, the financial resources available to such owners, the extent to which such owners require similar legal services in connection with their unrestricted properties, and any other factor appropriate for consideration.