alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JOSEPH A. LORD, d. b., app’t. *vs.*BENJAMIN P. TOWNSEND, p. b., respondent.

A constable is not bound to sell goods under a fi. fa., without orders or special occasion. A return of execution process *before*the return day, is not irregular, unless a further levy is thereby prevented.

On an appeal, the officer can be charged only with the neglect of duty, for which the suit was brought below.

This was an appeal from the judgment of a justice of the peace, in an action against Joseph A. Lord, a constable, for money collected by him for the plaintiff. The narr. had several counts, for non-payment of money levied ; neglect to make.due return; négleet to levy; neglect to receive the execution; and refusal to receive the execution.

The defence was—1. The defendant is not responsible in this form of action, for refusing to receive the writs of 'execution. ‘2. After he received them he performed his duty. 3. He was not bound to pay the proceeds of sale of the property levied on to plaintiff, because of a prior levy, to which the same were applicable. 4. The property which plaintiff required the constable to levy on, had been sold to, and was in the possession of, a third person; and the constable was not bound to take the responsibility of levying on such property without indemnity, which was refused.

Judge Wootten

charged the jury.—1. That though afi. fa. commanded the constable to levy and make the debt, and authorized him to sell goods levied, he was not bound to sell under a fi. fa., unless special reasons, or the plaintiff’s orders, required such despatch. What was due diligence in this respect, must be referred to the circumstances of the case, and without special reasons, neither public policy, nor usage, required that a defendant should be sold out as soon as his property is taken in- execution. But that if the plaintiff require it, or would suffer the loss of his.debt by delay, the constable ought to sell on- the fi. fa.

2. That the obligation of the constable was to return process by the return day, and this obligation was answered by a return on or before that day; unless a premature return should injure the plaintiff, by preventing a further levy or otherwise.

3. That this being an appeal, though to be tried here de nova, it must be a trial of the same cause of action as was tried below, other*458wise the judgment below and here might be different, and might both be right. Yet if the judgment below was right, the plaintiff ought not to succeed in his appeal and involve the defendant in costs, without any such default as was charged below. If the charge below was for not returning a writ, it cannot be here for making a false or an insufficient return; if it was for negligence in not collecting money, it cannot here be changed to default in not paying over money collected.

*Rodney*and Wolfe, for plaintiff.

Patterson, for defendant.

That this construction was especially necessary in reference to a summary remedy for a forfeiture and penalty, which are imposed by statute on a public officer, and the pleadings are to inform him positively for what neglect of duty it is sought to charge him.
<PAGE>


                                                                      EXHIBIT 11

             FRESENIUS MEDICAL CARE HOLDINGS, INC. AND SUBSIDIARIES

        WEIGHTED AVERAGE NUMBER OF SHARES AND EARNINGS USED IN PER SHARE
                                   COMPUTATION
                        (DOLLARS AND SHARES IN THOUSANDS)


<TABLE>
<CAPTION>
                                                              THREE MONTHS ENDED         NINE MONTHS ENDED
                                                                 SEPTEMBER 30,             SEPTEMBER 30,
                                                             --------------------      --------------------
                                                               2001        2000          2001        2000
                                                             --------    --------      --------    --------
<S>                                                          <C>         <C>             <C>       <C>

The weighted average number of shares of
  Common Stock were as follows...........................     90,000       90,000        90,000      90,000
                                                             ========    ========      ========    ========
</TABLE>

Income used in the computation of earnings per share were as follows:


<TABLE>
<CAPTION>
                                                              THREE MONTHS ENDED         NINE MONTHS ENDED
                                                                 SEPTEMBER 30,             SEPTEMBER 30,
                                                             --------------------      --------------------
CONSOLIDATED                                                   2001        2000          2001        2000
                                                             --------    --------      --------    --------
<S>                                                          <C>         <C>             <C>       <C>

Net earnings ............................................    $ 31,946    $ 27,669        85,866    $ 75,933

Dividends paid on preferred stocks ......................        (130)       (130)         (390)       (390)
                                                             --------    --------      --------    --------
Income used in per share computation of earnings........     $ 31,816    $ 27,539        85,476    $ 75,543
                                                             ========    ========      ========    ========
Basic and fully dilutive earnings per share .............    $   0.35    $   0.31          0.95    $   0.84
                                                             ========    ========      ========    ========

</TABLE>
I

103D CONGRESS

1ST SESSION H. R. 938

To designate the Veterans Hospital in Kansas City, Missouri, the ‘‘Omar

N. Bradley Veterans Hospital’’.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 17, 1993

Mr. VOLKMER (for himself, Mr. EMERSON, Mr. HANCOCK, and Mr. SKELTON)

introduced the following bill; which was referred to the Committee on

Veterans’ Affairs

A BILL

To designate the Veterans Hospital in Kansas City, Missouri,

the ‘‘Omar N. Bradley Veterans Hospital’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DESIGNATION.

4 The Veterans Hospital in Kansas City, Missouri, is

5 designated as the ‘‘Omar N. Bradley Veterans Hospital’’.

6 SEC. 2. LEGAL REFERENCES.

7 Any reference in any law, regulation, document,

8 record, map, or other paper of the United States to the

9 Veterans Hospital referred to in section 1 is deemed to
2

•HR 938 IH

1 be a reference to the ‘‘Omar N. Bradley Veterans

2 Hospital’’.

Æ
Exhibit 23

               Socrates Technologies Corporation and Subsidiaries

              Consent of Independent Certified Public Accountants


We have issued our report dated March 3, 2000 (except for Note M, for which the
date is March 27, 2000), accompanying the consolidated financial statements
incorporated herein by reference or included in the Annual Report of Socrates
Technologies Corporation, on Form 10-K, for the year ended December 31, 1999. We
hereby consent to the incorporation by reference of said report in the
Registration Statement of Socrates Technologies Corporation, on Form S-8 (File
No. 333-96155) filed with the Commission on February 4, 2000.


                                             /S/ GRANT THORNTON LLP
                                             ----------------------
                                                 GRANT THORNTON LLP

Vienna, Virginia
March 27, 2000







                                                                         Page 48
Exhibit 35Servicer Compliance StatementI, Russell A. Cronin, Jr., Senior Vice President of National City Bank (the “Servicer”), and, insuch capacity, the officer in charge of the Servicer’s responsibility under the Pooling andServicing Agreement dated as of June 1, 1995, as amended and supplemented (the “Agreement”), herebycertify that:1. A review of the Servicer’s activities for the period commencing January 1, 2006 andending December 31, 2006 and of the Servicer’s performance under the Agreement during suchperiod has been made under my supervision; and2. To the best of my knowledge, based on such review, the Servicer has fulfilled all of itsobligations under the Agreement in all material respects throughout such period.March 30, 2007     National City Bank, as Servicer     /s/ Russell A. Cronin, Jr.     By: Russell A. Cronin, Jr., Senior Vice President
#### Mary Deigel, Individually and as Administratrix, Plaintiff, *v.*A. Vedder Magee, Defendant.

(Supreme Court, Schenectady Special Term,

December, 1911.)

Pleading — Complaint or declaration — Manner, of stating separate causes of action—-Separate statement and numbering of causes of action — Causes of action in individual and representative capacities.

In an action brought by one in her individual capacity and also as an administratrix, the plaintiff should be required to separately state and number the facts constituting her cause of action in each of such capacities.

Motion by defendant- to compel the plaintiff to serve an amended complaint' separately stating and numbering her causes of action.

Henry V. Borst, for motion.

H. 0. Grope, in opposition,

Kellogg, J. A., J.

This action is brought by the plaintiff, individually, and as administratrix of her mother, who . died intestate, to set aside the sale under foreclosure of a mortgage executed by the intestate ancestor in her lifetime, on the ground that said bond and mortgage was fraudulently obtained by the defendant.

In certain actions involving injuries to real estate of a deceased owner, actions have been permitted to be brought by a plaintiff succeeding to the title individually, and also as personal representative of the deceased. Shepard v. Manhattan R. Co., 117 N. Y. 442.

This practice has been permitted by the courts upon the theory that the cause of action alleged to exist in favor of the plaintiff in her individual capacity arose out of the same transaction, or was connected with the same subject of action as her cause of action alleged to exist in her favor in a *521representative capacity, and was, therefore, authorized by subdivision 9 of section 484 of the Code of Civil Procedure.

It would seem to he quite clear that the plaintiff cannot recover both in an individual and representative capacity for the same cause of action. She is only properly in court in both capacities upon the theory that, imeach capacity, she has a cause of action. Such causes of action as claimed by her being, therefore, distinct, the facts constituting each of them should he separately stated and numbered, as required by section 483 of the Code of Civil Procedure.

The motion is granted, with ten dollars costs.

Motion granted, with ten dollars costs.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST

OF S.K., J.K., AND O.D.K.,

CHILDREN

§

§

§

§

§

§

No. 08-18-00111-CV

Appeal from the

388th District Court

of El Paso County, Texas

(TC# 2008CM7237)

J U D G M E N T

The Court has considered this cause on the record and concludes the appeal should be 

dismissed for want of prosecution, in accordance with the opinion of this Court. We therefore 

dismiss the appeal. This decision shall be certified below for observance.

IT IS SO ORDERED THIS 5TH DAY OF FEBRUARY, 2019.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Palafox, JJ.
**EXHIBIT 3.1.5**

 

**CERTIFICATE OF AMENDMENT**

 

**OF**

 

**CERTIFICATE OF INCORPORATION**

 

**OF**

 

**HYPERDYNAMICS CORPORATION**

 

Hyperdynamics Corporation, 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 at a meeting of the Board of Directors of Hyperdynamics Corporation, a resolution was duly adopted setting forth a proposed amendment to the Certificate of Incorporation of said Corporation, declaring said amendment to be advisable and calling a meeting of the stockholders of said Corporation for consideration thereof.  The resolution setting forth the proposed amendment is as follows:

 

**FURTHER RESOLVED**, that the Certificate of Incorporation of the Corporation be amended to add the following new Article XI:

 

“ARTICLE XI

 

A director of the corporation shall not be liable to the corporation or its stockholders for monetary damages for breach of fiduciary duty as a director, except to the extent such exemption from liability or limitation thereof is not permitted under the General Corporation Law of the State of Delaware as the same exists or may hereafter be amended.  Any amendment, modification or repeal of the foregoing sentence shall not adversely affect any right or protection of a director of the corporation hereunder in respect of any act or omission occurring prior to the time of such amendment, modification or repeal.”

 

**SECOND:  **That thereafter, pursuant to resolution of its Board of Directors, an annual meeting of stockholders of said Corporation was duly called and held upon notice in accordance with Section 222 of the General Corporation Law of the State of Delaware at which meeting the necessary numbers of shares as required by statute were voted in favor of the amendment.

 

**THIRD: **That said amendment was duly adopted by the stockholders of the Corporation in accordance with the applicable provisions of Section 242 of the General Corporation Law of the State of Delaware.

 

**IN WITNESS WHEREOF**, Hyperdynamics Corporation has caused this certificate, which amends the Certificate of Incorporation, to be executed and attested by its duly authorized officer this 10th day of March 2011.

 
|   |   | Hyperdynamics   Corporation |
|--------|--------|-----------------------------|
|   |   |                        |
|   |   |                        |
|   |   | /s/   Jason Davis           |
|   |   |                        |
|   |   | Name: Jason Davis           |
|   |   | Title:   Secretary          |

 

1

----
**EXHIBIT 31.1**

 

**CERTIFICATION**

I, Frank F. Khulusi,****certify that:

1.         I have reviewedthis Annual Report on Form 10-K of PC Mall, Inc.; 

 

2.         Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading withrespect to the period covered by this report; 

 

3.         Based on myknowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report; 

 

4.         The registrant'sother certifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have: 

 

            a)        designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared; 

 

            b)        evaluated the effectiveness of the registrant's disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and 

 

            c)        disclosed in this report any change in the registrant's internal control overfinancial reporting that occurred during the registrant's fourth fiscal quarterthat has materially affected, or is reasonably likely to materially affect, theregistrant's internal control over financial reporting; and 

 

5.         The registrant'sother certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant'sauditors and the audit committee of the registrant's board of directors (orpersons performing the equivalent functions): 

 

            a)         allsignificant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely toadversely affect the registrant's ability to record, process, summarize andreport financial information; and 

 

            b)         anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant's internal control over financialreporting. 

 

Date:  March 30, 2004

 

 

 

 /s/ Frank F. Khulusi                            

Frank F. Khulusi

Chief Executive Officer
<PAGE>   1
                                                                     EXHIBIT 12


GTE Florida Incorporated and Subsidiaries
STATEMENT OF THE CONSOLIDATED RATIO OF EARNINGS TO FIXED CHARGES
(Thousands of Dollars)



<TABLE>
<CAPTION>
                                            Six Months Ended   Six Months Ended
                                             June 30, 1998     June 30, 1998(a)
                                            ----------------   ----------------
<S>                                         <C>                <C>             
Net earnings available for fixed charges:
  Income before extraordinary charge        $         79,170   $         79,170
  Add - Income taxes                                  48,559             48,559
      - Fixed charges                                 94,794             40,214
                                            ----------------   ----------------
Adjusted earnings                           $        222,523   $        167,943
                                            ================   ================

Fixed charges:
  Interest expense                          $         88,821   $         34,241
  Portion of rent expense
      representing interest                            5,973              5,973
                                            ----------------   ----------------
Adjusted fixed charges                      $         94,794   $         40,214
                                            ================   ================

RATIO OF EARNINGS TO FIXED CHARGES                      2.35               4.18
</TABLE>


(a)      Excludes $54.6 million of interest expense associated with commercial
         paper issued by the Company's wholly-owned subsidiary, GTE Funding
         Incorporated (GTE Funding), on behalf of GTE's other domestic telephone
         operating subsidiaries. This interest is approximately equal to the
         interest income received by the Company on affiliate notes between GTE
         Funding and such domestic telephone operating subsidiaries. GTE Funding
         provides short-term financing and investment vehicles and cash
         management services for the Company and six other of GTE's domestic
         telephone operating subsidiaries.
#### Alexander KUPUS, Appellant, v. E. Wilson PURDY, Sheriff, Dade County, Florida, Appellee.

No. 72-724.

District Court of Appeal of Florida, Third District.

Aug. 22, 1972.

liehearing Denied Sept. 19, 1972.

Douglas S. Lambeth, Ray Sandstrom, Ft. Lauderdale, for appellant.

Richard E. Gerstein, State’s Atty., and Richard J. Registro, Asst. State’s Atty., for appellee.

Before BARKDULL, C. J., and PEARSON and CHARLES CARROLL, JJ.

PER CURIAM.

Affirmed. See Trent v. McLeod, 131 Fla. 617, 179 So. 906; Hall v. Florida State Dept. of Public Welfare, Fla.App.1969, 226 So.2d 39.
October 26, 2015 

Dear Mr. Brady: 

This letter is to inform you that the following information is missing from your petition 

(Docket No. FAA−2015−2764). This information is necessary for the Federal Aviation 

Administration (FAA) to process your petition. 

 Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) 

which is required by Order 8900.1, Volume 3, Chapter 8, Section 1. If you wish for us to 

proceed without this manual and remove closed-set filming from your proposed operation 

please inform of us of your intention by the requested response date listed below. 

Please submit the additional information (non-proprietary) to your docket at 

www.regulations.gov and submit any proprietary information to the FAA Headquarters or 

electronically via email to 333exemptions@faa.gov. If you want us to process your request any 

further, we must receive the information described above by 11/9/15. If we do not receive the 

information, we will close the docket without notifying you further. 

If you have any questions, please feel free to contact me at (202) 267-4712. 

Sincerely, 

/s/ 

Brenda Robeson 

Program Analyst
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