alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATE OF AMENDMENT

                                       OF

                          CERTIFICATE OF INCORPORATION

                                       OF

                           COVER-ALL TECHNOLOGIES INC.

             (Pursuant to Section 242 of the General Corporation Law
                           of the State of Delaware)

            COVER-ALL TECHNOLOGIES INC., a corporation organized and existing
under and by virtue of the General Corporation Law of the State of Delaware (the
"Corporation"), DOES HEREBY CERTIFY:

            FIRST: That the Board of Directors of the Corporation duly adopted
by unanimous written consent certain resolutions setting forth the proposed
amendment to the Certificate of Incorporation of the Corporation, declaring said
amendment to be advisable and calling for the submission of said amendment to
the stockholders of the Corporation pursuant to Section 242(b)(2) of the General
Corporation Law of the State of Delaware, and stating that such amendment will
be effective only after approval thereof by the holders of a majority of the
outstanding shares of common stock, par value $.01 per share, of the Corporation
entitled to vote thereon.

            SECOND: That thereafter, pursuant to resolutions of the Board of
Directors of the Corporation, said amendment was submitted to the holders of all
of the common stock of the Corporation, and a majority of such holders at the
2000 Annual Meeting of Stockholders adopted the following resolution to amend
the Certificate of Incorporation of the Corporation:

                  RESOLVED, that the Certificate of Incorporation be, and it
            hereby is, amended by deleting in its entirety the present Article
            FOURTH and substituting in lieu thereof the following new Article
            FOURTH:

                  "FOURTH: Capital Stock. The aggregate number of shares which
            the Corporation shall have authority to issue shall be seventy-five
            million (75,000,000) shares of common stock, par value $.01 per
            share ("Common Stock")."

            THIRD: That said amendment was duly adopted in accordance with the
provisions of Section 242 of the General Corporation Law of the State of
Delaware.
<PAGE>

            IN WITNESS WHEREOF, said COVER-ALL TECHNOLOGIES INC. has caused this
certificate to be signed by John Roblin, as its President and Chief Executive
Officer, and attested by Ann Massey, its Secretary, as of the 22nd day of June,
2000.

                                        COVER-ALL TECHNOLOGIES INC.


                                        By:_____________________________________
                                           Name:  John Roblin
                                           Title: President and Chief Executive
                                                  Officer

ATTEST:


By:________________________________
   Name:  Ann Massey
   Title: Secretary


                                      -2-
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY HIGH

 275

 291

 299

 289

 290

 289

 283

 280

 278

 276

 258

 257

 252

 248

 252

 252

 239

 238

 244

 240

 231

 234

 264

 265

 264

 261

 248

 251

 253

 275

 291

 274

 273

 282

 277

 274

 274

 259

 248

 252

 247

 245

 247

 239

 232

 231

 233

 212

 207

 200

 239

 255

 255

 248

 243

 245

 268

 281

 295

 281

 283

 284

 279

 276

 276

 266

 252

 256

 249

 246

 250

 246

 234

 235

 238

 221

 222

 211

 258

 261

 260

 257

 246

 248

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2011 WATER QUALITY REPORT RUN DATE: March 30, 2011

ELECTRICAL CONDUCTIVITY, UMHOS 

30 DAY

ACCUM

MEAN

30 DAY

AVG 

MEAN

 6,340

 6,479

 6,624

 6,723

 6,820

 6,941

 7,050

 7,139

 7,221

 7,288

 7,341

 7,389

 7,425

 7,451

 7,478

 7,520

 7,562

 7,606

 7,645

 7,658

 7,667

 7,633

 7,625

 7,616

 7,602

 7,614

 7,645

 7,669

 211

 216

 221

 224

 227

 231

 235

 238

 241

 243

 245

 246

 248

 248

 249

 251

 252

 254

 255

 255

 256

 254

 254

 254

 253

 254

 255

 256

Comments:

0 reading indicates that the station was out of service.

30 DAY ACCUM MEAN and 30 DAY AVG MEAN columns are 30 day runnings, except for April 1 and September 1, 

 where they do not go back 30 days.

VERNALIS ON THE SAN JOAQUIN RIVER
#### § 702.404 Physician defined.

The term *physician* includes doctors of medicine (MD), surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by State law. The term includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation shown by X-ray or clinical findings. Physicians defined in this part may interpret their own X-rays. All physicians in these categories are authorized by the Director to render medical care under the Act. Naturopaths, faith healers, and other practitioners of the healing arts which are not listed herein are not included within the term “physician” as used in this part.

[42 FR 45303, Sept. 9, 1977]
|EXHIBIT 32.1


CERTIFICATION PURSUANT TO 
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO 
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In
connection with the Quarterly Report of MEDTOX Scientific, Inc. (the Company)
on Form 10-Q for the quarter ended March 31, 2004 as filed with the Securities and Exchange
Commission (the Report), I, Richard J. Braun, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of
the Sarbanes-Oxley Act of 2002, that:


     (1)       
          The Report fully complies with the requirements of Section 13(a) or 15(d) of the
          Securities Exchange Act of 1934; and


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

|                     |                           
|-------------------- | --------------------------
|Dated:   May 5, 2004 | By:   /s/ Richard J. Braun
|                     | Richard J. Braun          
|                     | Chief Executive Officer   

|25
|--
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

DAY HIGH

 294

 288

 315

 321

 316

 314

 307

 291

 288

 300

 308

 311

 316

 338

 301

 302

 317

 324

 327

 321

 344

 346

 361

 415

 429

 426

 377

 354

 279

 280

 287

 307

 302

 302

 290

 283

 278

 281

 298

 299

 303

 309

 252

 259

 303

 301

 303

 304

 316

 327

 344

 361

 411

 381

 346

 332

 287

 284

 300

 313

 308

 307

 296

 288

 282

 291

 304

 305

 310

 322

 261

 290

 310

 313

 315

 313

 332

 334

 351

 389

 423

 402

 359

 343

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

FEBRUARY 2006 WATER QUALITY REPORT RUN DATE: March 7, 2006

ELECTRICAL CONDUCTIVITY, UMHOS 

30 DAY

ACCUM

MEAN

30 DAY

AVG 

MEAN

 6,091

 6,202

 6,339

 6,502

 6,665

 6,825

 6,955

 7,074

 7,185

 7,293

 7,410

 7,533

 7,657

 7,793

 7,865

 7,963

 8,075

 8,259

 8,447

 8,619

 8,787

 8,923

 9,018

 9,144

 9,291

 9,413

 9,475

 9,516

 203

 207

 211

 217

 222

 228

 232

 236

 240

 243

 247

 251

 255

 260

 262

 265

 269

 275

 282

 287

 293

 297

 301

 305

 310

 314

 316

 317

Comments:

0 reading indicates that the station was out of service.

30 DAY ACCUM MEAN and 30 DAY AVG MEAN columns are 30 day runnings, except for April 1 and September 1, 

 where they do not go back 30 days.

VERNALIS ON THE SAN JOAQUIN RIVER
#### The People of the State of Illinois, Petitioner-Appellee, *v.*Larry Alexander, a Minor, Respondent-Appellant.

(No. 57863;

First District (5th Division) —

July 20, 1973.

Kenneth L. Gillis, District Defender, of Chicago, (James R. Streicker, Assistant Defender, of counsel,) for appellant.

Bernard Carey, State’s Attorney, of Chicago, (James S. Veldman and Douglas Cannon, Assistant State’s Attorneys, of counsel,) for the People.

PER CURIAM.

SULLIVAN, J., took no part.
**EXHIBIT 32.1**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Quarterly Report of MEDTOX Scientific, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2008 as filed with the Securities and Exchange Commission (the “Report”), I, Richard J. Braun, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

 (1)                   The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

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

 

| Dated:   July 31, 2008 | By:   /s/ Richard J. Braun                |
|------------------------|-------------------------------------------|
|                   | Richard J. Braun

Chief Executive Officer |

|   | 31 |
|--------|----|

 

----
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY ELEV

 2,216.48

 2,216.13

 2,215.77

 2,215.35

 2,215.03

 2,214.67

 2,214.33

 2,214.03

 2,213.68

 2,213.24

 2,212.87

 2,212.39

 2,212.04

 2,211.75

 2,211.55

 2,211.23

 2,210.32

 2,209.30

 2,208.35

 2,207.27

 2,206.20

 2,205.33

 2,204.71

 2,204.40

 2,204.21

 2,203.99

 2,203.74

 2,203.48

 2,203.16

 2,202.78

 695.2

 692.7

 690.3

 687.4

 685.2

 682.7

 680.4

 678.4

 676.0

 673.1

 670.6

 667.4

 665.0

 663.1

 661.8

 659.7

 653.7

 647.0

 640.9

 633.9

 627.1

 621.6

 617.7

 615.7

 614.5

 613.1

 611.6

 609.9

 607.9

 605.6

STORAGE

-2.4

-2.4

-2.5

-2.9

-2.2

-2.4

-2.3

-2.0

-2.4

-3.0

-2.5

-3.2

-2.3

-1.9

-1.3

-2.1

-6.0

-6.7

-6.2

-7.0

-3.5

-5.5

-3.9

-2.0

-1.2

-1.4

-1.6

-1.6

-2.0

-2.4

CHANGE

220

46

71

13

13

34

18

71

85

227

-223

-44

37

-168

9

304

109

-255

-3

138

1,586

73

-583

702

101

377

297

-286

144

-127

INFLOW

 1,366

 1,204

 1,254

 1,400

 1,057

 1,220

 1,123

 1,038

 1,226

 1,679

 526

 1,021

 671

 287

 300

 192

 373

 1,657

 1,773

 1,717

 1,364

 1,226

 1,016

 1,220

 232

 598

 468

 123

 432

 0

POWER

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

SPILL

 0

 0

 0

 0

 0

 0

 0

 0

 0

 0

 475

 491

 491

 468

 327

 1,129

 2,700

 1,402

 1,307

 1,889

 1,969

 1,577

 344

 428

 472

 458

 600

 380

 710

 1,041

OUTLET

 39

 63

 65

 64

 62

 48

 60

 60

 48

 42

 28

 59

 53

 45

 49

 50

 50

 40

 19

 36

 22

 54

 32

 39

 0

 20

 18

 31

 11

 26

C.F.S.

 .19

 .31

 .32

 .32

 .31

 .24

 .30

 .30

 .24

 .21

 .14

 .30

 .27

 .23

 .25

 .26

 .26

 .21

 .10

 .19

 .12

 .29

 .17

 .21

 .00

 .11

 .10

 .17

 .06

 .14

INCHES

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .00

 .02

 .00

 .00

 .00

 .00

 .00

 .00

 1.74

 .55

 .01

 .00

 .00

 .00

PRECIP

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

SEPTEMBER 2014 TRINITY LAKE DAILY OPERATIONS RUN DATE: March 24, 2015

IN LAKE

EVAPORATION

INCHES

C.F.S.

COMPUTED*

1000 ACRE-FEET

RELEASE - C.F.S.

TOTALS -88.8 2,986 27,763 0 18,658 1,233 6.32 2.32

ACRE-FEET -88,800 5,923 55,068 0 37,008 2,446

COMMENTS:

* COMPUTED INFLOW IS THE SUM OF CHANGE IN STORAGE, RELEASES AND EVAPORATION.

(1) EVAPORATION AND PRECIPITATION RECORDS TAKEN FROM STATION AT TRINITY RIVER HATCHERY.

SUMMARY RELEASE (ACRE-FEET)

POWER 55,068

SPILL 0

OUTLET

TOTAL

 37,008

 92,076

PRECIPITATION

THIS MONTH =

TO DATE =

 2.32

JULY 1, 2014 2.33

 697.5

Table 4

(1) (1)
#### § 2711.5-2 Terms, covenants, conditions, and reservations.

Patents or other conveyance documents issued under this part may contain such terms, covenants, conditions, and reservations as the authorized officer determines are necessary in the public interest to insure proper land use and protection of the public interest as authorized by section 208 of the Act.
### §495. Omitted

#### **Editorial Notes**

#### Codification

Section, act Mar. 3, 1891, ch. 561, §15, 26 Stat. 1101, which reserved the Annette Islands for the use of the Metlakahtla Indians, was omitted from the Code as being of special and not general application.
Order entered September 26, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-00172-CR

CHARLES VERNON HAYNES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 6

Collin County, Texas

Trial Court Cause No. 006-80283-2013

ORDER

On July 16, 2014, the Court entered an order granting appellant’s second motion for 

extension of time to file his brief. The order extended the time to file appellant’s brief extended 

until August 13, 2014. To date, appellant has neither filed a brief nor communicated further with 

the Court.

We ORDER the trial court to conduct a hearing to determine why appellant’s brief has 

not been filed. In this regard, the trial court shall make appropriate findings and 

recommendations and determine whether appellant desires to prosecute the appeal, whether 

appellant is indigent, or if not indigent, whether retained counsel has abandoned the appeal. See

TEX. R. APP. P. 38.8(b). If the trial court cannot obtain appellant’s presence at the hearing, the 

trial court shall conduct the hearing in appellant’s absence. See Meza v. State, 742 S.W.2d 708 
(Tex. App.–Corpus Christi 1987, no pet.) (per curiam). If appellant is indigent, the trial court is 

ORDERED to take such measures as may be necessary to assure effective representation, which 

may include appointment of new counsel.

We ORDER the trial court to transmit a record of the proceedings, which shall include 

written findings and recommendations, to this Court within THIRTY DAYS of the date of this 

order.

This appeal is ABATED to allow the trial court to comply with the above order. The 

appeal shall be reinstated thirty days from the date of this order or when the findings are 

received, whichever is earlier.

/s/ LANA MYERS 

JUSTICE
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 794

 785

 719

 758

 746

 749

 754

 748

 712

 721

 728

 722

 705

 650

 677

 673

 664

 661

 650

 654

 668

 665

 540

 407

 399

 389

 373

 377

 383

 408

 765

 707

 702

 710

 733

 718

 735

 722

 664

 668

 708

 685

 646

 594

 609

 609

 599

 636

 621

 619

 642

 540

 406

 363

 372

 366

 363

 364

 375

 378

 778

 758

 713

 734

 740

 733

 745

 739

 681

 684

 715

 698

 680

 610

 648

 646

 629

 650

 641

 641

 650

 631

 460

 380

 383

 376

 368

 371

 379

 396

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2007 WATER QUALITY REPORT RUN DATE: May 2, 2007

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

UNION ISLAND ON OLD RIVER AT MIDDLE RIVER
### §1674. Leases with Indian tribes

(a) Notwithstanding any other provision of law, the Secretary is authorized, in carrying out the purposes of this chapter, to enter into leases with Indian tribes for periods not in excess of twenty years. Property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe.

(b) The Secretary may enter into leases, contracts, and other legal agreements with Indian tribes or tribal organizations which hold—

(1) title to;

(2) a leasehold interest in; or

(3) a beneficial interest in (where title is held by the United States in trust for the benefit of a tribe);

facilities used for the administration and delivery of health services by the Service or by programs operated by Indian tribes or tribal organizations to compensate such Indian tribes or tribal organizations for costs associated with the use of such facilities for such purposes. Such costs include rent, depreciation based on the useful life of the building, principal and interest paid or accrued, operation and maintenance expenses, and other expenses determined by regulation to be allowable.

(Pub. L. 94–437, title VIII, §804, formerly title VII, §704, Sept. 30, 1976, 90 Stat. 1414; Pub. L. 96–537, §8(a), Dec. 17, 1980, 94 Stat. 3179; Pub. L. 100–713, title VII, §701, Nov. 23, 1988, 102 Stat. 4826; renumbered title VIII, §804, Pub. L. 102–573, title VII, §701(a), (b), Oct. 29, 1992, 106 Stat. 4572.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, known as the Indian Health Care Improvement Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables.

#### Amendments

1988—Pub. L. 100–713 designated existing provisions as subsec. (a) and added subsec. (b).

1980—Pub. L. 96–537 inserted provision that property leased by the Secretary from an Indian tribe may be reconstructed or renovated by the Secretary pursuant to an agreement with such Indian tribe.
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A20A1341. TERRENCE POWELL v. THE STATE.

In 2005, Terrence Powell pleaded guilty to armed robbery and theft by

receiving stolen property, and the trial court sentenced him to life imprisonment.

1

In

October 2019, he filed a motion to dismiss and for a de novo hearing on the basisthat

his indictment was not returned in open court and his conviction should therefore be

set aside under OCGA § 9-11-60 (d). The court denied the motion, and Powell filed

this appeal. We lack jurisdiction. 

“It has been held many times that a motion to set aside a judgment is

inappropriate in a criminal case.” Lacey v. State, 253 Ga. 711, 711 (324 SE2d 471)

(1985). Powell’s claim that his indictment was not returned in open court constitutes

an attack on the validity of his conviction. See Thompson v. State, 304 Ga. 146, 149

(3) (816 SE2d 646) (2018) (“Appellant claims that his convictions are void because

the record does not show that his indictment was returned in open court.”); Jones v.

State, 290 Ga. App. 490, 494 (2) (659 SE2d 875) (2008) (holding that attacks on the

indictment are essentially attempts to have the judgment of conviction vacated). As

1 Since then, Powell has had several appeals. Following his conviction, he filed

a motion for an out-of-time appeal, which was denied, and this Court dismissed his

subsequent application for discretionary review because it was untimely. See Case

No. A09D0328 (May 1, 2009). He then filed a second motion for an out-of-time

appeal, which was also denied, and this Court dismissed the subsequent appeal for

failure to timely file a brief. See Case No. A10A0549 (Dec. 16, 2009). Powell next

appealed from the trial court’s order denying his third motion for an out-of-time

appeal, and this Court affirmed the trial court’s ruling in an unpublished opinion on

the basis of res judicata. See Case No. A19A0391 (May 13, 2019). 

February 26, 2020
the Supreme Court has made clear, a post-conviction motion seeking to vacate an

allegedly void criminal conviction is not one of the established procedures for

challenging the validity of a judgment in a criminal case, and a direct appeal from the

trial court’s ruling on such a motion should be dismissed. See Roberts v. State, 286

Ga. 532, 532 (690 SE2d 150) (2010); Harper v. State, 286 Ga. 216, 218 (1) & (2)

(686 SE2d 786) (2009).

Accordingly, this appeal is hereby DISMISSED. 

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

02/26/2020
§ 2.300 What is the purpose of this subpart? ( a ) The purpose of this subpart is to implement the requirements of the Social Security Number Fraud Prevention Act of 2017 (the Act), Public Law 115-59, 42 U.S.C. 405 note, September 15, 2017.
( b ) The Act: ( 1 ) Prohibits Federal agencies from including any individual's Social Security account number (SSN) on any document sent by mail unless the head of the agency determines that such inclusion is necessary; and
( 2 ) Requires agencies to issue regulations that specify the circumstances under which such inclusion is necessary.
#### § 2562.5 Publication and posting.

The instructions given in subpart 1824 of this chapter, relative to publication and posting.
##### 



Exhibit 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  Date: January 9, 2008
    
    By:
    
    /s/ EDGAR MASRIName:
    
    Edgar MasriTitle:
    
    President and Chief Executive Officer
  Date: January 9, 2008
    
    By:
    
    /s/ Jay ZagerName:
    
    Jay ZagerTitle:
    
    Executive Vice President, Finance
and Chief Financial Officer
### §3108. Secretarial recognition of tribal laws

Subject to the Secretary's responsibilities as reflected in sections 3101(2) and 3102(1) of this title and unless otherwise prohibited by Federal statutory law, the Secretary shall comply with tribal laws pertaining to Indian forest lands, including laws regulating the environment or historic or cultural preservation, and shall cooperate with the enforcement of such laws on Indian forest lands. Such cooperation shall include—

(1) assistance in the enforcement of such laws;

(2) provision of notice of such laws to persons or entities undertaking activities on Indian forest lands; and

(3) upon the request of an Indian tribe, the appearance in tribal forums.

(Pub. L. 101–630, title III, §309, Nov. 28, 1990, 104 Stat. 4538.)
#### Carmelo F. Carnana, Appellant, *v.*Aaron B. Cohn, Respondent.

(Argued June 3, 1878;

decided September 17, 1878.)

*J. S. O. Carnana*for appellant.

*Sterling & Waldron*for respondent.

Folger, Rapallo and Andrews, JJ.,

for affirmance, on the ground that the sheriff did not proceed correctly in his sale, undertaking to sell more than the law authorized him to do.

Church, Ch. J., for affirmance, on the ground that the finding that there was no levy was warranted by the evidence.

Miller and Earl, JJ., absent.

No opinion.

Judgment affirmed.