alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### George P. Burnett *et al.,*plaintiffs in error, *vs.*Adolphus E. Ross, administrator, defendant in error.

Where *the*verdict of the jury *does*substantial justice between the parties, and no error of law has been committed, the discretion of the Supreme Court refusing a new trial will not be interferred with.

New trial. Before Judge Harvey. Floyd Superior Court. July Term, 1872.

For the facts of this case, see the decision.

Smith & Branham, for plaintiffs in error.

*125Printup & Fouche, for defendant.

Warner, Chief Justice.

The plaintiff brought his action against the defendants on a promissory note, for the sum of $25,161 00, dated 4th February, 1863, payable in current funds, two years afterdate, with interest from date. There were two credits on the note, amounting to $16,300 00. On the trial the jury found a verdict for the plaintiff, for the sum of $1,672 00. A motion was made for a new trial, which was overruled, and the defendants excepted

This was a Confederate contract, and the main question in controversy between the parties at the trial, was whether a payment made by the defendants about the 1st of April, 1865, to the plaintiff, of $3,700 00 in Confederate money, but not credited on the note, was received by the plaintiff at its nominal Value, or whether it was received to be credited on the note at its gold value. The original plaintiff was dead at the trial, and his administrator was made a party. The note was given for land proved to be worth $15,000 00 or $16,000 00 in good *money;*one witness proved that the land was worth more. There was evidence before the jury, admitted without objection, going to show that the plaintiff received the Confederate money to be credited on the note only for what it was worth. There is sufficient evidence in the record to authorize the charge of the Court to the jury in relation to that point in the case. In looking through the record, we are of the opinion that the verdict of the jury did substantial justice between the parties, at least the defendants have no right to complain of it. There was no error in overruling the motion, for a new trial.

Let the judgment of the Court below be affirmed.
**Exhibit 31.2****CERTIFICATION**I, James A. Mallak, Chief Financial Officer of Tower Automotive, Inc., certify that:1. I have reviewed this quarterly report on Form 10-Q for the three and six months ended June30, 2006 of Tower Automotive, Inc.;2. Based on my knowledge, this quarterly report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made, in lightof the circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis quarterly report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periods presentedin this report;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-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 that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in whichthis report is being prepared;  (b) Omitted pursuant to SEC Release Nos. 33-8238 and 34-47986;  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation;and  (d) Disclosed in this report any change in the registrant’s internal control overfinancial reportingthat occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design and oroperation of internalcontrol over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have aa significant role in the registrant’s internal control over financial reporting.Date: September 15, 2006   /s/ James A. Mallak   James A. Mallak  Chief Financial Officer
# Third District Court of Appeal State of Florida Opinion filed March 23, 2022. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D21-1284 Lower Tribunal No. 21-3047

________________ S.J., Appellant,
vs. The State of Florida, Appellee.
An appeal conducted pursuant to Anders v. California, 386 U.S. 738 (1967), from the Circuit Court for Miami-Dade County, Gisela Cardonne Ely, Senior Judge. S.J., in proper person. Ashley Moody, Attorney General, for appellee. Before EMAS, SCALES and HENDON, JJ. PER CURIAM. Affirmed.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 09**  **- 8012** 

DARREN BANNING , Petitioner

- Appellant ,
v. GENE M. JOHNSON, Director, Department of Corrections , Respondent

- Appellee
.

Appeal from the United States Distr ict Court for the Eastern District of Virginia , at Richmond
. Robert E. Payne , Senior District Judge. ( 3:08

- cv - 00651

- REP )

Submitted : November 17, 2010 Decided: December 2 , 2010

Before WILKINSON and DAVIS , Circuit Judges, and HAMILTON, Senior Circu it Judge.

Dismissed by un published per curiam opinion
.
David B
. Hargett, HARGETT LAW, PLC, Glen Allen, Virginia, for Appellant. Donald Eldridge Jeffrey, III, Assistant Attorney General, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Darren Banning seeks to appeal the district court ’ s order denying relief on his 28 U.S.C. § 2254 (2006) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appea lability. See 28 U.S.C.
§ 2253(c)(1) (2006) . A certificate of appealability will not issue absent “ a substantial showing of the denial of a constitutional right. ” 28 U.S.C. § 2253(c)(2) (2006)
. When the district court denies relief on the merits, a pri soner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322 , 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the petition states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Banning has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the fac ts and legal contentions are adequately presented in the materials3 before the court and argument would not aid the decisional
process. DISMISSE D
Exhibit 21
 SUBSIDIARIES OF SUPERIOR BANCORP
 Name
of Subsidiary
    
State
of OrganizationSuperior Bank
    
    Federally chartered thrift institutionSuperior
Financial Management, Inc.
    
    AlabamaSFS, LLC
    
    AlabamaSuperior
Financial Services, LLC
    
    Alabama1st
Community Credit Corporation
    
    AlabamaMorris
Avenue Management Group, Inc.
    
    AlabamaSuperior
Capital Trust I
    
    Delaware business trustSuperior
Capital Trust II
    
    Delaware business trustTBC Capital
Statutory Trust II
    
    Connecticut business trustPeoples
Community Statutory Trust I
    
    Delaware business trustCommunity
(AL) Capital Trust I
    
    Delaware business trust
Exhibit 32.2

                            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 BOSCO FLOORING,INC.(the "Company") on
Form 10-QSB for the period ended  December 31, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"),  the undersigned,  in
the capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that to his knowledge:

     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.

Date: February 13, 2008


/s/ Alexander Dannikov
---------------------------------
Alexander Dannikov
Principal Financial Officer
Principal Accounting Officer
EXHIBIT 21.1

Subsidiaries of the Company

Alliance Laundry Systems LLC owns all of the stock of the following corporations:



|                                                |  |                                                            
|----------------------------------------------- |  | -----------------------------------------------------------
|Name                                            |  | State or Other Jurisdiction ofIncorporation or Organization
|Alliance Laundry Corporation                    |  | Delaware                                                   
|Alliance Laundry Equipment Receivables 2005 LLC |  | Delaware                                                   
|Alliance Laundry Holding S.ar.l                 |  | Luxembourg                                                 

Alliance Laundry Holding S.ar.l owns all of the stock of the following corporation:



|                      |  |                                                            
|--------------------- |  | -----------------------------------------------------------
|Name                  |  | State or Other Jurisdiction ofIncorporation or Organization
|Alliance Holding BVBA |  | Belgium                                                    

Alliance Holding BVBA owns all of the stock of the following corporation:



|                            |  |                                                            
|--------------------------- |  | -----------------------------------------------------------
|Name                        |  | State or Other Jurisdiction ofIncorporation or Organization
|Alliance International BVBA |  | Belgium                                                    

Alliance International BVBA owns all of the stock of the following corporations:



|                  |  |                                                            
|----------------- |  | -----------------------------------------------------------
|Name              |  | State or Other Jurisdiction ofIncorporation or Organization
|IPSO  Norge AS   |  | Norway                                                     
|IPSO  Spain S.L. |  | Spain                                                      

Alliance International BVBA owns a 50% interest in IPSO  Rent NV, a Belgium Joint Venture.

Alliance International BVBA owns a 50% interest in IPSO-Rent Deutschland GmbH, a German Joint Venture.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE STATEMENTS FOR THE THREE MONTHS ENDED JUNE 30, 1997 AND AS
OF JUNE 30, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                    0000925662
<NAME> THE THORSDEN GROUP, LTD.
<MULTIPLIER>                    1
<CURRENCY>                      US dollars
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              Mar-31-1998
<PERIOD-START>                                 Apr-01-1997
<PERIOD-END>                                   Jun-30-1997
<EXCHANGE-RATE>                                1
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          0
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       1,246
<OTHER-SE>                                     (4,045)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  15
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (15)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (15)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (15)
<EPS-PRIMARY>                                  (.00)
<EPS-DILUTED>                                  (.00)
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<CIK>                                      0000925178
<NAME>                            MOVIE GALLERY, INC.
<MULTIPLIER>                                    1,000
       
<S>                                       <C>
<PERIOD-TYPE>                                   9-MOS
<FISCAL-YEAR-END>                         JAN-04-1998
<PERIOD-START>                            JAN-06-1997
<PERIOD-END>                              OCT-05-1997
<CASH>                                       1,137
<SECURITIES>                                 0
<RECEIVABLES>                                1,067
<ALLOWANCES>                                 0
<INVENTORY>                                  13,409
<CURRENT-ASSETS>                             19,853
<PP&E>                                       275,611<F1>
<DEPRECIATION>                               128,634<F2>
<TOTAL-ASSETS>                               263,031
<CURRENT-LIABILITIES>                        30,244
<BONDS>                                      0
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                     13
<OTHER-SE>                                   145,835
<TOTAL-LIABILITY-AND-EQUITY>                 263,031
<SALES>                                      28,162
<TOTAL-REVENUES>                             189,566
<CGS>                                        17,028
<TOTAL-COSTS>                                185,984
<OTHER-EXPENSES>                             0
<LOSS-PROVISION>                             0     
<INTEREST-EXPENSE>                           4,632
<INCOME-PRETAX>                             (1,050)
<INCOME-TAX>                                (174)
<INCOME-CONTINUING>                         (876)
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                                (876)
<EPS-PRIMARY>                               (0.07)
<EPS-DILUTED>                                0
<FN>
<F1>  INCLUDES $198,656 OF VIDEOCASSETTE RENTAL INVENTORY.
<F2>  INCLUDES $104,406 OF ACCUMULATED AMORTIZATION ON VIDEOCASSETTE RENTAL
      INVENTORY.    
</FN>
        


</TABLE>
#### The People of the State of New York, Respondent, v Robert Jackson, Appellant.

[772 NYS2d 506]

Judgment, Supreme Court, New York County (James Yates, J.), rendered on or about June 29, 2001, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted *(see Anders v California,*386 US 738 [1967]; *People v Saunders,*52 AD2d 833 [1976]). We have reviewed this record and agree with appellant’s assigned counsel that there Eire no nonfrivolous points which could be raised on this appeal.

Pursuant to Criminal Procedure Law § 460.20, defendant may apply for leave to appesd to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within 30 days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the judge or justice first applied to is finEd and no new application may thereafter be made to any other judge or justice. Concur—Nardelli, J.P., Andrias, Sullivan and Lerner, JJ.
<PAGE>   1
                                                                 EXHIBIT 10.22
                               AMENDMENT NO. 2 TO
                              EMPLOYMENT AGREEMENT


         This Amendment No. 2, dated as of February 27, 2001, amends the
Employment Agreement, dated as of September 28, 1998, by and between R.H.
Donnelley Corporation (the "Company") and Philip C. Danford (the "Executive"),
as amended by Amendment No. 1, dated as of July 27, 2000 (as so amended, the
"Existing Agreement", and as amended hereby, the "Agreement").

         WHEREAS, the Company considers it essential and in the best interests
of its shareholders to foster the continued employment of its senior management
personnel, and the Executive is an important member of the Company's senior
management; and

         WHEREAS, the initial term of the Existing Agreement expires on June 30,
2001, although the Existing Agreement automatically renews for successive
one-year terms, unless either party gives 90 day's written notice prior to the
renewal date;

         WHEREAS, the Company wishes to clarify the ramifications of a decision
by the Company not to renew Executive's employment as of June 30, 2001 or during
any subsequent renewal term; and

         WHEREAS, the Compensation and Benefits Committee of the Board of
Directors has approved the following amendment to the Existing Agreement;

         NOW, THEREFORE, the parties agree that the Existing Agreement is hereby
amended as follows:

         1. Paragraph 1 of the Existing Agreement is amended by inserting the
following sentence at the end thereof:

            "Any such non-renewal of this Agreement by the Company shall be
            treated as a termination of Executive's employment without Cause, as
            hereinafter defined."

         2. Except as amended hereby, the Existing Agreement shall remain in
full force and effect in accordance with its terms.

         3. This Amendment No. 2 shall be governed by and construed in
accordance with the laws of the State of New York.

         4. This Amendment No. 2 may be signed in counterparts, each of which
shall be an original, with the same effect as if the signatures thereto and
hereto were upon the same instrument.

<PAGE>   2

         IN WITNESS WHEREOF, the parties have duly executed this Amendment No. 2
as of the day and year first above written.


                                            Executive


                                            /s/ Phillip C. Danford
                                            -------------------------------
                                            Signature of Phillip C. Danford


                                            R.H. DONNELLEY CORPORATION


                                            By:/s/ Frank R. Noonan
                                            -------------------------------
                                               Name: Frank R. Noonan
                                               Title: Chairman & CEO



                                       2
EXHIBIT 32

                                  CERTIFICATION
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)

In connection with the Quarterly Report on Form 10-Q of Ads In Motion, Inc. (the
"Company") for the period ended February 28, 2009, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), Edward F. Myers III,
as Chief Executive Officer and Chief Financial Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss.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.

Date: 3/25/09
                           By: /s/ Edward F. Myers III
                               -------------------------------------------------
                               Edward F. Myers III
                               Chief Executive Officer & Chief Financial Officer

This certification accompanies each Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shalL not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.