alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Charles SIMMONS, Petitioner, v. CIRCUIT COURT OF the SIXTH JUDICIAL CIRCUIT, PINELLAS COUNTY, State of Florida, Respondent.

No. 74-725.

District Court of Appeal of Florida, Second District.

June 24, 1974.

Habeas Corpus denied.
#### Edward N. Whiton, Plaintiff, *v.*The Morning Journal Association, Defendant.

(Supreme Court, New York Special Term,

April, 1898.)

Publication of summons — Tiling papers on order.

Before the summons can be published against a domestic corporation, the summons, complaint, order of publication and affidavits must have been duly filed (Code of Civil Procedure, § 442), and, where the order alone has been filed before publication, all proceedings under it must be set aside.,

Motion by defendant to set aside an order directing service of the summons and complaint by publication.

Einstein & Townsend, for motion.

P. V. R. Van Wyck, opposed.

Freedman, J.

The action is for libel. It, therefore, had to. be commenced within two years. Code of Civil Procedure, § 384. Upon the publication of the libel set forth in the complaint the statute would have fully run on December 23, 1897, if' an attempt had not been made to commence the action, as provided by section 399 and subdivision 6 of section 438 of the Code of Civil Procedure, by a delivery of the summons to the sheriff on ■ December 22, 1897. That gave the plaintiff sixty days additional time. The sixty days expired February 21, 1898, which, consequently, was the last day upon which to begin publication of the summons so as to keep twithin the Statute of Limitations. The plaintiff on that day procured an order of publication, and the first publication took place on the evening of the same day in the “ Evening Post.” In the *“*New York Law Journal” the first publication was made twoi days later. Without stopping to consider whether that wan sufficient, the objection still remains that the summons and complaint and order of publication and affidavits in support of the order were not filed until February 28, 1898. This objection is fatal, for, under section 442, those papers should have been filed with the clerk on or before the day of first publication. That provision is mandatory *300and had to he complied with to confer jurisdiction. The failure to do so is not a mere irregularity within,the meaning of rule 37 of the General Rules of Practice. Section 437 of the Code does not help the plaintiff, because it refers to substituted service.

For the foregoing considerations, the motion of the defendant to set aside the order of February 21, 1898, directing service by publication, because the obtaining of the order was not followed up by the filing of the necessary papers on the same- day, should not he granted in its entirety. The Order was regularly obtained. But all proceedings taken by the plaintiff under it .are of no effect because the papers were not filed in time. The defendant may, therefore, have an order setting aside plaintiff’s proceedings, under the Order of February 21, 1898.

Ordered accordingly.
#### SAPP BROTHERS CONSTRUCTION CO., INC., Edward Ryan and Barbara Ryan, his wife, Appellants, v. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF HOLLYWOOD, and A. M. Grobard, Appellees.

No. 78-1739.

District Court of Appeal of Florida, Third District.

Feb. 20, 1979.

Perlstein & Poller, Miami, for appellants.

Salter, Yeslow & Burnstein and Jerrold Knee, Hollywood, for appellees.

Before HUBBART, KEHOE and SCHWARTZ, JJ.

SCHWARTZ, Judge.

The appellants were the defendants in an action to foreclose the second mortgage they had given the plaintiff below, A. M. Grobard. They asserted a third-party action against Home Federal Savings and Loan Association, the first mortgagee, claiming that it had interfered with the defendants’ relationship with Grobard, thus resulting in their failure to pay the second mortgage and the consequent default. In the order now on appeal, the trial judge dismissed the third party complaint on the ground that Home Federal “is not a proper or necessary party to this action.” We affirm.

Home Federal was not, as Fla.R.Civ.P. 1.180(a) requires for the impleading of a third party defendant:

> “. . . a person not a party to the action *who is or may be liable*to [the original defendant] for all or part of the plaintiff’s claim against him.” [emphasis supplied]

It seems plain that Home could not be liable to the second mortgagees for full or partial payment of the second mortgage obligation *724which Grobard originally sued upon. Any liability owed by Home to the original defendants may therefore be asserted only in a separate action. See *Touche Ross & Co. v. Sun Bank of Riverside,*366 So.2d 465 (Fla. 3d DCA 1979); *VTN Consolidated, Inc. v. Coastal Engineering Associates, Inc.,*341 So.2d 226 (Fla. 2d DCA 1976), cert. denied, 345 So.2d 428 (Fla.1977); *Southeast Mortgage Co. v. Mullins,*514 F.2d 747 (5th Cir. 1975).

Affirmed.
#### § 583.312 Transfer.

The term *transfer* means any actual or purported act or transaction, whether or not evidenced by writing, and whether or not done or performed within the United States, the purpose, intent, or effect of which is to create, surrender, release, convey, transfer, or alter, directly or indirectly, any right, remedy, power, privilege, or interest with respect to any property. Without limitation on the foregoing, it shall include the making, execution, or delivery of any assignment, power, conveyance, check, declaration, deed, deed of trust, power of attorney, power of appointment, bill of sale, mortgage, receipt, agreement, contract, certificate, gift, sale, affidavit, or statement; the making of any payment; the setting off of any obligation or credit; the appointment of any agent, trustee, or fiduciary; the creation or transfer of any lien; the issuance, docketing, filing, or levy of or under any judgment, decree, attachment, injunction, execution, or other judicial or administrative process or order, or the service of any garnishment; the acquisition of any interest of any nature whatsoever by reason of a judgment or decree of any foreign country; the fulfillment of any condition; the exercise of any power of appointment, power of attorney, or other power; or the acquisition, disposition, transportation, importation, exportation, or withdrawal of any security.
# Cabo Verde

61 items

        -    Report  		Cabo Verde	  April 20, 2018 
        -    Report  		Cabo Verde	  August 15, 2017 
        -    Report  		Cabo Verde	  June 29, 2017 
        -    Report  		Cabo Verde	  June 27, 2017 
        -    Report  		Cabo Verde	  March 3, 2017 
        -    TIAS  		Cabo Verde (12-1130.1) – Millennium Challenge Compact	  November 30, 2012 
        -    TIAS  		Cabo Verde (05-621) – Agreement for the Reciprocal Exemption of Taxes on Income from the International Operation of a Ship or Ships and Aircraft	  June 21, 2005 
        -    TIAS  		Cabo Verde (05-614) – Agreement Relating to the Employment of Dependents of Official Government Employees	  June 14, 2005 
        -    TIAS  		Cabo Verde (04-1119) – Agreement Regarding the Surrender of Persons to International Tribunals	  November 19, 2004 
        -    TIAS  		Cabo Verde (03-114) – Air Transport Agreement	  January 14, 2003 

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# Bureau of Western Hemisphere Affairs Releases

2276 items

        -    Report  		Brazil	  June 29, 2017 
        -    Report  		Bolivia	  June 29, 2017 
        -    Report  		Venezuela	  June 29, 2017 
        -    Report  		Bermuda	  June 29, 2017 
        -    Report  		Uruguay	  June 29, 2017 
        -    Report  		Belize	  June 29, 2017 
        -    Report  		Barbados	  June 29, 2017 
        -    Report  		Bahamas, The	  June 29, 2017 
        -    Report  		Argentina	  June 29, 2017 
        -    Report  		Guatemala	  March 3, 2017 

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#### § 31.3401(a)(18)-1 Payments or benefits under a qualified educational assistance program.

A payment made, or benefit furnished, to or for the benefit of an employee in a taxable year beginning after December 31, 1978, does not constitute wages and hence is not subject to withholding if, at the time of such payment or furnishing, it is reasonable to believe that the employee will be able to exclude such payment or benefit from income under section 127.

[T.D. 7898, 48 FR 31019, July 6, 1983]
Order entered May 3, 2013

In The 

## Court of Appeals **Fifth District of Texas at Dallas**
No. 05
- 13
- 00260
- CR GARY DON JENNINGS, Appellant
V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court C ause No. F
- 1071278
- K 

### O RDER
We GRANT Official Court Reporter Janice E. Garrett’s April 29, 2013 request for an extension of time to file the reporter’s record. The reporter’s record shall be due THIRTY DAYS from the date of this order.

/s/ LANA MYERS J USTICE
HomeBurkina Faso

# Burkina Faso

71 items

        -    Press Statement  		Statement on the Escalation of Violence Against Civilians in Burkina Faso	  Matthew MillerMarch 1, 2024 
        -    Special Needs Profile  		Ouagadougou, Burkina Faso: International School of Ouagadougou: 2024 Special Needs Profile	  March 1, 2024 
        -    Press Statement  		U.S. Concerns about Human Rights in Burkina Faso	  Matthew MillerDecember 12, 2023 
        -    Press Statement  		Burkina Faso National Day	  Antony J. BlinkenDecember 11, 2023 
        -    Special Briefing  		Online Press Briefing with Ian J. McCary, Deputy Special Envoy for the Global Coalition to Defeat ISIS	  December 5, 2023BRUSSELS HUB 
        -    Report  		Country Reports on Terrorism 2022: Burkina Faso	  November 29, 2023 
        -    Overseas Schools Fact Sheet  		Ouagadougou, Burkina Faso: International School of Ouagadougou: 2023-2024 Fact Sheet	  November 2, 2023 
        -    Media Note  		Winners of the 2023 Secretary of State’s Award for Corporate Excellence	  October 19, 2023 
        -    Report  		2023 Investment Climate Statements: 	  July 26, 2023 
        -    Report  		2023 Trafficking in Persons Report: Burkina Faso	  June 15, 2023 

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#### § 570.304 Financial, material, logistical, or technical support; financial, material, logistical, or technological support.

The terms financial, material, logistical, or technical support, and financial, material, logistical, or technological support, as used, respectively, in § 570.201(a)(3)(iv) and § 570.201(a)(4)(vi), mean any property, tangible or intangible, including currency, financial instruments, securities, or any other transmission of value; weapons or related materiel; chemical or biological agents; explosives; false documentation or identification; communications equipment; computers; electronic or other devices or equipment; technologies; lodging; safe houses; facilities; vehicles or other means of transportation; or goods. “Technologies” as used in this section means specific information necessary for the development, production, or use of a product, including related technical data such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals, or other recorded instructions.
# Ghana

111 items

        -    Report  		2020 Country Reports on Human Rights Practices: Ghana	  March 30, 2021 
        -    Press Statement  		Ghana’s National Day	  Antony J. BlinkenMarch 6, 2021 
        -    		Bureau of International Narcotics and Law Enforcement Affairs: Ghana Summary	   
        -    Report  		2020 Trafficking in Persons Report: Ghana	  June 25, 2020 
        -    Report  		2019 Report on International Religious Freedom: Ghana	  June 10, 2020 
        -    Report  		2019 Country Reports on Human Rights Practices: Ghana	  March 11, 2020 
        -    Report  		Ghana	  July 11, 2019 
        -    Report  		Ghana	  June 21, 2019 
        -    Report  		Ghana	  June 20, 2019 
        -    		Ghana	  April 22, 2019 

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Home1991 Treaties and Agreements...Bangladesh (91-520) – Memorandum of Understanding to Specify the Legal Status of the United States Pacific Command Disaster Relief Task Force

# 									Bangladesh (91-520) – Memorandum of Understanding to Specify the Legal Status of the United States Pacific Command Disaster Relief Task Force							

TIAS

Office of Treaty Affairs

May 20, 1991

Defense:  Status of Forces

Signed at Dhaka May 20, 1991; entered into force May 20, 1991.
Download Agreements						 [216 KB]

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BangladeshStatus of Forces AgreementTreaties

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#### Henry R. Sire, Plaintiff, *against*George Kneuper, Defendant.

[Special Teem.]

(Decided November 27th, 1888.)

This court has power to remove an action pending in a district court of the City of New York, for the purpose of consolidating it with an action pending in this court ; as the provision.of the Code of Civil Procedure, giving the Supreme Court such power to remove and consolidate (§ 818), is by section 3347 extended to all courts of record, and the power of this court, in a case of which it has jurisdiction, is coextensive with that of the Supreme Court (§§ 267, 3343, subd. 1).

Motion to remove to this court an action pending in a district court in the City of New York and to consolidate it with an action pending in this court.

An action brought by plaintiff against defendant in a district court of the City of New York, for rent of certain premises for the month of October, 1888, was removed by defendant to this court, after issue joined, upon giving bond, as provided by statute. Thereafter plaintiff brought another action against defendant in the same district court for rent of the same premises for the month of November, 1888. Defendant moved to have this action removed to this court and consolidated with the action previously removed on giving bond.

*41
      *J. C. Julius Langbein*for the motion.

*Walton C. Dupignac*and *Albert I.*Sire, opposed.

Bookstaver, J.

Section 818 of the Code in terms applied to the Supreme Court alone, but section 3347 extends the provision to ail courts of record *(Soloman*v. Belden, 12 Abb. N. Cas. 58 ; *McKay*v. *Reed,*Id. note ). The same result would seem to follow from section 3343, subdivision 1, which declares this court one of the superior courts of cities, and from section 267, which declares the jurisdiction of such courts to be co-extensive with that of the supreme court. The actions and defenses in both cases being the same, they should be consolidated, and the motion is therefore granted.
#### § 579.401 [Reserved]
# Belize

71 items

        -    Report  		2020 Investment Climate Statements: Belize	  September 8, 2020 
        -    Other Release  		Public Release of Foreign Security Forces Units Ineligible for Foreign Assistance Act of 1961 and Arms Export Control Act Assistance Pursuant to the State Leahy Law:  CY 2018 	  July 15, 2020 
        -    Report  		2020 Trafficking in Persons Report: Belize	  June 25, 2020 
        -    Report  		2019 Report on International Religious Freedom: Belize	  June 10, 2020 
        -    Foreign Assistance Evaluations: Democracy, Human Rights, and Governance  		Evaluation of the CARSI Small Grants Program [PDF]	  March 18, 2020 
        -    Report  		2019 Country Reports on Human Rights Practices: Belize	  March 11, 2020 
        -    Report  		Belize	  July 11, 2019 
        -    Report  		Belize	  June 21, 2019 
        -    Report  		Belize	  June 20, 2019 
        -    		Belize	  April 23, 2019 

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§ 597.101 Relation of this part to other laws and regulations. ( a ) This part is separate from, and independent of, the other parts of this chapter, with the exception of part 501 of this chapter, the recordkeeping and reporting requirements and license application and other procedures of which apply to this part. Differing statutory authority and foreign policy and national security contexts may result in differing interpretations of similar language among the parts of this chapter. No license or authorization contained in or issued pursuant to those other parts authorizes any transaction prohibited by this part. No license or authorization contained in or issued pursuant to any other provision of law or regulation authorizes any transaction prohibited by this part.
( b ) No license or authorization contained in or issued pursuant to this part relieves the involved parties from complying with any other applicable laws or regulations. This part does not implement, construe, or limit the scope of any other part of this chapter, including (but not limited to) the Terrorism Sanctions Regulations, part 595 of this chapter, and does not excuse any person from complying with any other part of this chapter, including (but not limited to) part 595 of this chapter.
( c ) This part does not implement, construe, or limit the scope of any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 2339A, and does not excuse any person from complying with any criminal statute, including (but not limited to) 18 U.S.C. 2339B(a)(1) and 18 U.S.C. 2339A.
# Eswatini

52 items

        -    Report  		2022 Report on International Religious Freedom: Eswatini	  May 15, 2023 
        -    Report  		2022 Country Reports on Human Rights Practices: Eswatini	  March 20, 2023 
        -    Department Press Briefing  		Department Press Briefing – January 25, 2023	  Ned PriceJanuary 25, 2023Washington, D.C. 
        -    PEPFAR Release  		Eswatini surpasses UNAIDS Fast-track Targets for treatment and viral suppression	  September 22, 2022 
        -    Report  		2022 Fiscal Transparency Report: Eswatini	  August 18, 2022 
        -    Report  		2022 Investment Climate Statements: 	  July 28, 2022 
        -    Report  		2022 Trafficking in Persons Report: Eswatini	  July 19, 2022 
        -    Report  		2021 Report on International Religious Freedom: Eswatini	  June 2, 2022 
        -    Report  		2021 Country Reports on Human Rights Practices: Eswatini	  April 12, 2022 
        -    Special Briefing  		Digital Press Briefing with Acting Coordinator for Global COVID-19 Response and Health Security Mary Beth Goodman	  Digital Press Briefing with Acting Coordinator for Global COVID-19 Response and Health Security Mary Beth GoodmanFebruary 15, 2022 

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§ 802.104 Applicability rule. ( a ) Except as provided in paragraph (b) of this section and otherwise in this part, the regulations in this part apply from February 13, 2020.
( b ) The regulations in this part do not apply to any transaction for which: ( 1 ) The completion date is prior to February 13, 2020; or
( 2 ) The parties to the transaction have executed, prior to February 13, 2020, a binding written agreement, or other binding document, establishing the material terms of the transaction.
HomeBosnia and Herzegovina

# Bosnia and Herzegovina

100 items

        -    Bilateral Relations Fact Sheet  		U.S. Relations With Bosnia and Herzegovina	  August 27, 2021 
        -    DipNote: Military and Security  		Small Wins Have Big Impacts in the Balkans	  July 28, 2021 
        -    Report  		2021 Investment Climate Statements: Bosnia and Herzegovina	  July 21, 2021 
        -    Press Statement  		Message on the 26th Anniversary of the Srebrenica Genocide	  Ned PriceJuly 11, 2021 
        -    Report  		2021 Trafficking in Persons Report: Bosnia and Herzegovina	  July 1, 2021 
        -    Press Statement  		The Stability and Security of the Western Balkans	  Antony J. BlinkenJune 8, 2021 
        -    Press Statement  		Affirming the Conviction of Former Bosnian Serb Army Commander Ratko Mladic for Genocide, Crimes Against Humanity, and War Crimes	  Antony J. BlinkenJune 8, 2021 
        -    Report  		2020 Report on International Religious Freedom: Bosnia and Herzegovina	  May 12, 2021 
        -    Press Statement  		U.S. Commitment to the Western Balkans	  Ned PriceApril 26, 2021 
        -    Report  		2020 Country Reports on Human Rights Practices: Bosnia and Herzegovina	  March 30, 2021 

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#### The Manhattan Brass Company, Respondent, *v.*Edward R. Gillman, Appellant.

(City Court of New York, General Term,

May, 1898.)

Pleading -r- General denial — Want of consideration in a note.

*Semble,*that under a defense of a general denial, interposed to an action on a promissory note, a want of consideration cannot be proved, and that- such a defense must be specifically pleaded.

Appeal from ia judgment in favor of plaintiff, entered upon a verdict and from an order denying a motion for a new trial.

*599Henry C. Bryan, for appellant.

Baggott & Ryall, for respondent.

Conlan, J.

This is an appeal from a judgment, entered on the direction of a verdict in favor of the plaintiff and from an order denying a motion made by the defendant for a new trial.

The action is one brought on a promissory note and the defense is a general denial.

The plaintiff made its proof by offering the promissory note and the notice of protest in evidence.

The defendant objected generally, stating no ground of his objection. This was not sufficient and brings up nothing for review.

Plaintiff then rested and the defendant moved to dismiss the complaint without stating any ground or calling the court’s attention to any error or omission, which motion was properly denied.

Defendant’s counsel then called defendant as a witness, and attempted to show that the note was without consideration.

This was objected to by plaintiff’s counsel, as follows:

“ I object at the outset en the ground that an attempt to prove want of consideration or failure of consideration is not within the pleadings, that the defense is a general denial, and I submit that the defense of want of consideration should be specifically pleaded.”

The objection was sustained. Defendant then moved to- amend his answer and to withdraw a juror.

Both motions were denied, and as they were within the sound discretion of the trial judge will not be disturbed on appeal.

We find nothing in the record that warrants the reversal of the judgment and it must, therefore, be affirmed.

Scotchman, J., concurs.

Judgment affirmed, with costs.
#### § 561.704 Administrative collection; referral to United States Department of Justice.

In the event that the violator does not pay the penalty imposed pursuant to this part, the matter may be referred for administrative collection measures by the Department of the Treasury or to the United States Department of Justice for appropriate action to recover the penalty in a civil suit in a federal district court.
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EDAS Meteorological DataSource★at 39.44 N 77.04 WMeters AGL