alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JORDAN WOMBLE *v.*THE BOARD OF COMMISSIONERS OF WAKE COUNTY.

Money loaned to the Wardens of the Poor, under an order of the County Court in 1F64, authorizing them to borrow money to purchase provisions for the support of the poor, and which was used for that per-pose, may he recovered back by the creditor, as for money paid to the use of the county, or, as upon substitution of the creditor to the rights of the person furnishing the provisions.

*(Daois*v. *Commissioners of*BtoJces, at this term, and *Daniel*v. *Commissioners of Edgecombe,*Ibid, cited and approved.)

Civil AotioN tried before Henry, *J.*at January (Special) Term, 1875, of the Superior Court of "Wake county.

The plaintiff claimed the scaled value of §19,597.67, as the balance of an amount loaned by him, while Treasurer of the Wardens of the Poor of the county, to the Wardens of the Poor, in December, 1864, under an order of the County Court of Wake county, made about the 10th of December, 1864, there being more than twenty Justices of the Peace present and acting, when the order was made. Under this order, the money was loaned for the purpose of buying meat for the paupers in the poor house, and was so used.

The defendants denied that any such court was held, or such order made and insisted that if the money was loaned as alleged the court had not power to authorize the borrowing of the same.

By consent the action was tried upon affidavits filed by the plaintiff and the facts found to be as above set out.

Thereupon his Honor ordered the records of the County Court of Wake county to be amended as follows:

It is ordered by the court, more than twenty magistrates being present, that the Wardens of the Poor for Wake county be authorized and empowered to borrow' so much money as may be necessary for the purpose of purchasing meat for the support of the poor at the poor house in Wake county.

*422It is further ordered, tlxat tbe debt so contracted shall be binding upon Wake comity.

The court rendered judgment in favor of the plaintiff and the defendants appealed.

*Snow, Busbee <& Busbee*and *Battle & Son,*for the appellants.

*Lewis*and *Bowie,*contra.

Reads, J.

Wake county was obliged to support its paupers at the poor house. Under stress of circumstances, it ordered the Wardens to borrow money to buy meat. The plaintiff loaned the money with which the meat was bought. The meat was received and used at the poor house.

We pass by the question whether the county had the power to “ borrow money.” It certainly had the power and w7as bound to purchase meat for the poor house. It did purchase meat, and the plaintiff paid for it. He is therefore entitled to recover as for money paid to the use of the county ; or as being substituted to the rights of the person who furnished the meat.

The question has been considered more at large at this term in *D vis*v. *Commissioners of Stokes County,*and in *Daniel*v. *The Commissioners of Edgecombe County.*

There is no error.

Pee Cueiam. Judgment affirmed.
<PAGE>

                                                                    EXHIBIT 21.1

SUBSIDIARIES OF REGISTRANT

Name: Vidipax, Inc.

Jurisdiction of incorporation
  Or organization: New York

------------------------------------------------

Other Business Names: N/A

Name: Loudeye Technologies UK Ltd.

Jurisdiction of incorporation
  Or organization: United Kingdom

Other Business Names: N/A
------------------------------------------------

Name: Loudeye Enterprise Communications

Jurisdiction of incorporation
  Or organization: Delaware

Other Business Names: N/A
------------------------------------------------

Name: Loudeye Sample Services, Inc.

Jurisdiction of incorporation
  Or organization: Delaware

Other Business Names: N/A
------------------------------------------------

Name: Monstar Labs Limited

Jurisdiction of incorporation
  Or organization: New Zealand

Other Business Names: N/A
------------------------------------------------

Name: Addition Systems, Inc.

Jurisdiction of incorporation

<PAGE>

  Or organization: Delaware

Other Business Names: N/A
------------------------------------------------

Name: TT Holding Corp.

Jurisdiction of incorporation
  Or organization: Delaware

Other Business Names: N/A
------------------------------------------------

Name: Technology Education Network, Inc.

Jurisdiction of incorporation
  Or organization: Delaware

Other Business Names: Streampipe

------------------------------------------------

Name: Rapid Infusion Corp.

Jurisdiction of incorporation
  Or organization: New York

Other Business Names: N/A
------------------------------------------------

Name: SOS Technology Corp.

Jurisdiction of incorporation
  Or organization: New York

Other Business Names: N/A
------------------------------------------------

Name: SPI Acquisition Corp.

Jurisdiction of incorporation
  Or organization: New York

Other Business Names: N/A
------------------------------------------------

Name: TEN International, Inc.

<PAGE>

Jurisdiction of incorporation
  Or organization: Delaware

Other Business Names: N/A
i i i i i i



### MEM ORA ND UM OP INION No
. 04 -0 8- 00 43 5- CR Joe L e wi s CA NT U , Appellant
v . T h e STA TE of

Te xas, Appellee Fr om the 226th J udicial District Court, Be x ar County , Texas

Trial Court No. 2007-CR-6552 Honora ble Sid L . Har le, J udg e Presiding Opinion by : Catherine Stone, Chief Justice Sitt ing: Catherine Stone, Chief Justice

Kar en Ang elini, J ustice Phy lis J . Speedlin, J ustice Deliver ed and F iled: J anuar y 14, 2009 AFF I RMED J oe C antu pl eade d nolo contende re to the offe nse of indec ency with a child by

exposure, and
wa s p la c e d o n f

ive y e a rs de fe rr e d a dju dic a tio n c omm un ity su pe rv ision for the o ff

e ns e . T he Sta te subsequently

filed a motion to revoke Cantu’s community supervision and e nter a

n adjudication of g uilt, allegingCantu had violated the te rms of his community supervision by failing to submit to a clinical poly g raph sc heduled by his treatment provide r. Afte r a he aringon the State’s motion, the tr ia l c ourt a dju dic a te d Ca

ntu g uil ty a nd se nte nc e d h im t o th re e y e a rs imp ri so nme nt. We a ff ir m.04
- 08
- 00 43 5- CR

- 2- C an tu’s court-a

ppointed attorney

filed a br ief c ontaining a profe ssional evaluation of the
rec ord i n acc ordanc e with An de rs v . Ca lif or nia , 386 U.S. 738 (1967). Counsel concludes that the appea l is frivolous and without merit. Counsel provided Cantu with a copy of the brie f and infor

med him of hi s rig ht to revie w t he re cord a nd file his own brief

. Se e Nic ho ls v . S

tat e , 954 S.W .2d 83, 85- 86 (T e x. Ap p. —Sa

n A nto nio 19 97 , n o p e t.) ; Br un s v . S tat e , 9 2 4 S. W. 2 d

1 7 6 , 1 7 7 n . 1 ( T e x. App.—San Antonio 1996, no pet.). Cantu did not file a pr o s e brief. After revie wing the re cord a

nd counsel’s br ief, we ag ree that the appe al is frivolous and wi tho ut m e ri t. Th e jud g me nt o f t he tr ia l c ourt

is t he re fo re a ff

ir me d. F ur the rm or e , w e g ra

nt a pp e llate
co u n s el ’s m o t i on to withdraw. Nic ho ls , 9 54 S.W. 2d a t 86 ; Br un s 9 2 4 S. W. 2 d a t 1 7 7 n . 1
. No substitut e counse l will be appointed. Should Cantu wish to seek further r eview of this case by

the Texas Court of Criminal Appeals, he must either r etain an attorney to file a pe tition for discretionar y re vie w o r f

ile a pr o se pe tit ion fo r dis c re tio na ry re vie w. Any pe tit ion fo r dis c re tio na ry re vie w mus t be filed w ithin thi rty

day s from the date of either this opini on or the last timely motion for rehe aring that was ove rruled by

this court. See T EX . R. A PP . P. 6 8
. 2
. An y p et i tion for discre tionary revie w must be filed with this court, afte r which it wi l l b e fo rw ar ded to the Te x as Court of Criminal Appea ls. See T EX . R. A PP . P. 6 8. 3; 6 8. 7. Any pe tit ion fo r dis c re tio na ry re vie w sho uld c omp ly

wi th the re quirements of Rule 68.4 of the Texas Rules of Appellate Procedur e. See T EX . R. A PP . P. 68.4.

Catherine Stone, Chief Justice

DO NO T PU B L I SH
#### JOHN Q. BROWN v. JOHN J. RAINOR.

*Habeas Corpus*— Abatement-—Costs.

In a *habeas corpus*proceeding brought to secure the custody of infant children, the respondent (in whose favor judgment had been rendered below) died pending appeal: *Held.*(1) the proceeding abated, ard could not be revived against the personal representative ; (2) neither was entitled to judgment for costs.

PetitioN for writ of *habeas corpus,*heard before *Graves, J.,*at Spring Term of Onslow Superior Court.

*Mr. H. R. Ivornegay,*for petitioner. ■

*Mr. W. R. Allen,*for respondent.

MereimoN, C. J.:

This is a summary proceeding, whereby the petitioner seeks, by writ of *habeas corpus,*to obtain possession of certain of his infant children in the possession of and detained by (as is alleged) the respondent, who was their grandfather. The Judge at chambers gave judgment in favor of the respondent, and thereupon the petitioner appealed to this Court, as he might do. *The Code,*§1662; *205
      *Musgrove*v. *Kornegay,*7 Jones, 71. Pending the appeal the respondent died, and this appears by suggestion and upon affidavits filed.

The petitioner asks that the administrator or executor of the respondent be made a party, and insists that, at all events, he is not chargeable with costs.

The proceeding is summary in its character, and in the nature of the matter has served its special purpose as far as practicable. The respondent having died is beyond the jurisdiction of the Court for any purpose. Nor can it be sustained against his executor or administrator. There is no statute that so provides. They, as such, are not chargeable in contemplation of law with the possession or detention of the children, the possession of which the petitioner seeks to obtain. Plis remedy is by another like proceeding directed against the person who may have possession of them now or hereafter. Ordinarily, the costs of a writ of *habeas corpus*proceeding may be awarded at the discretion of the-Court or Judge. *The Code,*§ 1860. But here the proceeding abates, and the Court gives no judgment for costs. Each party is liable for his own costs, according to law in such cases. *Officers*v. *Taylor,*1 Dev., 99.

The proceeding abates.
#### JOHN McRAE and WILLIAM FRENCH in behalf of themselves and others *v.*THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY.

When an appeal from the Superior Court is perfected, the Judge below has no farther jurisdiction of the matter.

This was a MOTION in the cause heard before *Ilenry,*J., at Chambers in New HaNOVEE county, on the — day of December, 1875.

The defendants moved the court to increase the amount of a bond for an injunction theretofore granted.

The motion was allowed, and the plaintiffs appealed.

*416All the facts necessary to an understanding of the case as decided, are stated in the opinion of the court.

*M. London*and *A. T.*efe *J.*London, for the appellants.

*Bussell*and *W. 8. <& D. J. Devane,*contra.

EyNüm, J.

There is error. Judge Seymoue granted the restraining order, requiring a bond of $5,000 for the indemnity of the defendants. The restraining order was afterwards vacated by Judge McKay, and the plaintiffs appealed to the Supremo Court, from the vacating order, gave the appeal bond, and the case -was stated and signed by the counsel of both parties. Some two weeks after this, an affidavit was tiled by one of the commissioners, stating no new facts, and not alleging the insufficiency of the bond. Upon a motion founded on that affidavit, Judge HeNey then holding court in Judge McKay’s district, required the plaintiffs to file an additional bond for $10,000. When the appeal was perfected, the Judge below had no farther jurisdiction. Certainly the plaintiffs could not thus be deprived of the benefit of an appeal perfected, and an injunction obtained.

Pee Cubiam. Judgment reversed.
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THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AS OF MARCH 31, 2000, AND STATEMENTS OF OPERATIONS FOR THE THREE MONTHS
ENDED MARCH 31, 2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS
</LEGEND>

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<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
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<BONDS>                                              0
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<TOTAL-LIABILITY-AND-EQUITY>                 1,903,528
<SALES>                                         65,175
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<INTEREST-EXPENSE>                             (1,753)
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I

106TH CONGRESS

1ST SESSION S. 453

IN THE HOUSE OF REPRESENTATIVES

APRIL 20, 1999

Referred to the Committee on Transportation and Infrastructure

AN ACT

To designate the Federal building located at 709 West 9th

Street in Juneau, Alaska, as the ‘‘Hurff A. Saunders

Federal Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 453 RFH

1 SECTION 1. DESIGNATION OF HURFF A. SAUNDERS FED2 ERAL BUILDING.

3 The Federal building located at 709 West 9th Street

4 in Juneau, Alaska, shall be known and designated as the

5 ‘‘Hurff A. Saunders Federal Building’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

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

9 building referred to in section 1 shall be deemed to be

10 a reference to the ‘‘Hurff A. Saunders Federal Building’’.

Passed the Senate March 23, 1999.

Attest: GARY SISCO,

Secretary.
<TABLE> <S> <C>

<ARTICLE> 5

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<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                             155
<SECURITIES>                                         0
<RECEIVABLES>                                    4,020
<ALLOWANCES>                                       533
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 8,036
<PP&E>                                          89,132
<DEPRECIATION>                                  18,646
<TOTAL-ASSETS>                                 132,125
<CURRENT-LIABILITIES>                            4,479
<BONDS>                                        119,824
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                       7,822
<TOTAL-LIABILITY-AND-EQUITY>                   132,125
<SALES>                                         26,771
<TOTAL-REVENUES>                                26,905
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<TOTAL-COSTS>                                   25,508
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<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              13,006
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<PAGE>
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<MULTIPLIER> 1,000

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<INTEREST-EXPENSE>                                 183                     358
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<INCOME-TAX>                                        34                     384
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</TABLE>
<PAGE>
                                                                   EXHIBIT 10.35

                           THE ADVISORY BOARD COMPANY
                         600 NEW HAMPSHIRE AVENUE, N.W.
                             WASHINGTON, D.C. 20037

                                October 25, 2001

The Corporate Executive Board Company
2000 Pennsylvania Avenue, N.W.
Washington, D.C.  20006
Attention:  James J. McGonigle,
            Chairman and Chief Executive Officer

    Re:    Non-Competition Agreement by and among The Corporate Executive Board
           Company, The Advisory Board Company and David G. Bradley

Dear James:

        Effective as of January 1, 1999, The Advisory Board Company ("ABC"),
entered into a Non-Competition Agreement (the "Agreement") with The Corporate
Executive Board Company ("CEB"), and David G. Bradley ("Bradley"). Section 5 of
the Agreement provides that the term of the Agreement shall end on the date that
is five years after January 1, 1999.

        This letter confirms that, in consideration of the benefits which each
of CEB and ABC draw from the Agreement, CEB and ABC have agreed to amend Section
5 of the Agreement to provide that the term of the Agreement, solely with
respect to the rights and obligations as between CEB and ABC, shall end on
January 1, 2007. Nothing in this letter shall be deemed to amend, waive, void or
extend the term of the Agreement with respect to Bradley's rights or obligations
under the Agreement.

        Please indicate your agreement with the foregoing by signing and
returning one copy of this letter, which will constitute our agreement with
respect to the subject matter hereof.

                                                Very truly yours,

                                                THE ADVISORY BOARD COMPANY


                                                By: /s/ JEFFREY D. ZIENTS
                                                    ----------------------------
                                                Name:  Jeffrey D. Zients
                                                Title: Chairman

ACCEPTED AND AGREED:
THE CORPORATE EXECUTIVE BOARD COMPANY


By: /s/ JAMES J. McGONIGLE
    ---------------------------------
Name:  James J. McGonigle
Title: Chairman and Chief Executive Officer

Dated: October 25, 2001