alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### SAMUEL HUDSON, Executor of James Herriet, v. SOLOMON WETHERINGTON and others.

*Practice*— Right *to open and conclude*— Affirmative *Issue.*

1. The affirmative of an issue “ Did plaintiff's testator pay or purchase the note” in suit, is upon the plaintiff.

2. The rule that a party alleging an affirmative is bound to prove it, means the affirmative of any matter the truth of which is essential to his case.

S. Where the Court below ruled that the affirmative of the issues was upon the defendant and required him to open the case by introducing evidence and then allowed the plaintiff to open and conclude the argument, he having also introduced evidence; *Held*to be error,

*(Neal*v. *Fesperman,*1 Jones 446; *McRae*v. *Lawrence,*75 N. C. 289; *Churchill*v. *Lee,*77 N. C. 341, cited and approved.)

Civil Action, tried at Spring Term, 1878, of Jones Superior Court, before Kerr, *J.*

The facts bearing upon the point decided appear in the opinion. Verdict and judgment in' favor of plaintiff. Appeal by defendant.

*Mr. A. G. Hubbard,*for plaintiff.

*Mr. 3. 3 Bryan,*for defendant.

EaiRcloth, J.

The note sued on was payable to Clark, and the plaintiff alleged that his testator, Herriet, was the owner thereof for value. This was denied by the defendants, who also alleged that it had been paid. The only issues of fact submitted to the jury were:—

> “1st. Did plaintiff’s testator pay or .purchase the note?’ Ans. — He purchased it.

> 2d. Has the note been paid ? Ans. — No.”

The findings of the jury on these issues are not review*4■able in this Court, and we have nothing to consider except a plain question of practice, there being no exception to the charge of the Court in any other respect. Ilis Honor held that the affirmative was on the defendants, and required them to open the case to the jury by introducing ■evidence, and then allowed the plaintiff to open and conclude the argument, he having also introduced evidence. The defendants objected to this mode of proceeding, and we think their objections were well taken. *Ei incumbit proibatio qui ditit, non qui negat.*Evidently the burden of proof on the first issue was on the plaintiff, for without proof on eith erside he would not have been entitled toa judgment, and this is the test in such cases. "When both parties introduced evidence in a case like the *present, the*plaintiff opens and concludes the argument. The rule that the party alleging an affirmative is bound to prove it, does not mean an affirmative in form merely, but the affirmative of any matter or relation, the truth of which is essential to the allegante case.

These rules are important, manifestly convenient, and ■are agreeable to the suggestions of natural reason ; but as they have been so often and so recently declared, we are ■content with a reference to a few authorities only. 1 Greenl. on Ev. § 74; Starkie on Ev. 585, 595, 10th Am. Ed. *Neal*v. *Fesperman,*1 Jones 446; *McRae*v. *Lawrence, 75*N. C. 289; *Churchill*v. *Lee,*77 N. C. 341; *Phelps v. Hartwell,*1 Mass. 71; *Costigon*v. *R. R. Co.,*2 Denio, 609.

Let this be certified.

Error.

Per Curiam. Judgment reversed.
#### *Den on dem. of*WILLIAM REID *v.*JOHN LARGENT.

A purchaser at sheriff’s sale is not bound to see that the sheriff sold on the proper day in the week, nor can he be made to lose the benefit of his purchase by an irregularity of this kind.

This was an-action of ejectment, tried before Caldwell, J., at the Spring Term, 1857, of McDowell Superior Court.

Tlie lessor of the plaintiff, in making out his chain of title, relied on a sheriff’s deed, executed by one Curtis, who had made sale of the land, in controversy, as sheriff, and his .return showed that the sale was made *“*on Wednesday 28th of January, 1846. ” It did not appear, from the said return, that the land had been offered on Monday and postponed from day to day; nor was there any evidence offered to show that such was the fact. _ The defendant objected to the reception of the deed; but it was admitted by the Court, and the defendant excepted.

Verdict for the plaintiff. Judgment; and appeal by the defendant.

Avery, for plaintiff.

*T. li. Qald/well*and *Boaster,*for the defendant.

Nash, C. J.

This case is, in the principle decided, covered by that of *Mordecai*v. *Speight,*3 Dev. 428. It was there adjudged, that it would be dangerous to purchasers, and ruinous to plaintiffs in executions, to require bidders at a sheriff’s sale, to see that the officer has complied with all his duties in making the sale. In that case, the sale was not opened on Monday, the sale day, but was postponed, until Tuesday, when it took place. His Honor, below, instructed the jury, that as the sheriff’s sale, did not commence on Monday, the return day of the writ, his authority to sell expired with that day, and that a sale made by him, on Tuesday, was void. The Supreme Court reversed the judgment for error. In *Pope*v. Bradley, 3 Hawks’ Rep. 16, cited and approved in *Mordecai*
      *455v. *Speight,*the Chief Justice in delivering the opinion of the Court says, “that on no principle could an irregularity in the adj ournment, annul the sale; upon the ground, that the act was directory to the sheriff, and gives a penalty against him.” Here the sale was on "Wednesday of Court, after the return day.

Pee CueiaM. There is no error, and Judgment is affirmed.
```

[Congressional Record Volume 154, Number 168 (Thursday, October 23, 2008)]
[Senate]
[Page S10521]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

            RECESS UNTIL MONDAY, OCTOBER 27, 2008, AT 9 A.M.

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate stands in recess until Monday, October 27, 2008, at 9 a.m.
  Thereupon, the Senate, at 2 and 47 seconds p.m., recessed until 
Monday, October 27, 2008, at 9 a.m.
```
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

LEROY THOMAS TAYLOR,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 43 EAL 2019

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 2nd day of July, 2019, the Petition for Allowance of Appeal is 

DENIED.
EXHIBIT 12.2 CERTIFICATION PURSUANT TOSECTION 302 OF THE SARBANES-OXLEY ACT OF 2002 I, Jurgen Wolf, certify that: 1. I have reviewed this Annual Report on Form 20-F of First Energy Metals Limited; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report; 4. The company’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15(d-15e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have: a. Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; b. Designed such internal control over financial reporting, or caused such disclosure controls and procedures to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the presentation of financial statements for external purposes in accordance with generally accepted accounting principles; c. Evaluated the effectiveness of the company’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, 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 company’s internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the company’s internal control over financial reporting; and 5. The company’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the company’s auditors and the audit committee of the company’s board of directors (or persons performing the equivalent functions): a. All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the company’s ability to record, process, summarize and report financial information; and b. Any fraud, whether or not material, that involves management or other employees who have a significant role in the company’s internal control over financial reporting. July 31, 2020 /s/ Jurgen WolfJurgen Wolf Chief Financial Officer


---
Amendment to Deferred Stock Award Agreement - Comverse and Raz Alon



 Exhibit 10.43 
 

 
 January 11, 2008 

BY FEDERAL EXPRESS 
 Raz Alon

 697 Florales Drive 
 Palo Alto 94306

  

	 	Re:	Deferred Stock Award Agreement (the “Agreement”) dated March 28, 2007 between Comverse Technology, Inc. (“Comverse”) and Raz
Alon 

 Dear Raz: 

In connection with the vesting of the deferred stock award represented by the Agreement and pursuant to your acceptance of
Comverse’s Offer to Purchase a number of vested Comverse Common Stock equal to the Applicable Supplemental Rate (31%) of the aggregate value of the shares of Comverse Common Stock that vested under the Agreement, enclosed please find
(a) a check payable to you in the amount of $52,669.00, representing the purchase price for the 3,100 shares of Comverse Common Stock purchased by Comverse pursuant to your acceptance of the Offer to Purchase valuing the Comverse
Common Stock at $16.99 (the per share price of Comverse Common Stock on January 2, 2008, the first trading day after the vesting date), and (b) a stock certificate number KA 30078 representing the balance of 6,900
shares of Comverse Common Stock issued to you in connection with the vesting of the deferred stock award represented by the Agreement after the purchase by Comverse. The enclosed original stock certificate should be kept as a
negotiable instrument. 
 In addition, enclosed please find a fully-executed copy of the Deferred Stock
Award Agreement in respect of the deferred stock award made to independent directors in respect of their service in 2008, being sent to you for your records. 







 

 
 Please acknowledge your receipt of the enclosed check and stock certificate by signing in the
space provided below and returning a copy of this letter by facsimile ((212)-739-1013) or by electronic mail (shefali.shah@cmvt.com). Please do not hesitate to contact me with any questions that you may have. 

 

	
	COMVERSE TECHNOLOGY, INC.
	
	/s/ Shefali A. Shah
	Shefali A. Shah
	Associate General Counsel


  

			
	ACKNOWLEDGEMENT OF RECEIPT OF THE ABOVE-REFERENCED CHECK AND STOCK CERTIFICATE
		
	By:  	 	/s/ Raz Alon


			
	Print Name:	 	Raz Alon
	Date:	 	1/28/08

  

 2
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                2,246,102
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,358,195
<PP&E>                                       9,485,290
<DEPRECIATION>                               6,170,368
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<CURRENT-LIABILITIES>                       10,567,831
<BONDS>                                              0
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<PREFERRED>                                  1,475,260
<COMMON>                                         1,936
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<SALES>                                              0
<TOTAL-REVENUES>                             5,428,473
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<TOTAL-COSTS>                                3,091,332
<OTHER-EXPENSES>                             3,256,936
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             551,378
<INCOME-PRETAX>                            (1,471,173)
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<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,471,173)
<EPS-BASIC>                                      (.17)
<EPS-DILUTED>                                    (.17)


</TABLE>
```

[Congressional Record Volume 154, Number 160 (Thursday, October 2, 2008)]
[Extensions of Remarks]
[Page E2199]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                        HONORING ASHER D. ALLMAN

                                 ______
                                 

                            HON. SAM GRAVES

                              of missouri

                    in the house of representatives

                       Thursday, October 2, 2008

  Mr. GRAVES. Madam Speaker, I proudly pause to recognize Asher D. 
Allman of Kansas City, Missouri. Asher is a very special young man who 
has exemplified the finest qualities of citizenship and leadership by 
taking an active part in the Boy Scouts of America, Troop 1447, and 
earning the most prestigious award of Eagle Scout.
  Asher has been very active with his troop, participating in many 
Scout activities. Over the many years Asher has been involved with 
Scouting, he has not only earned numerous merit badges, but also the 
respect of his family, peers, and community.
  Madam Speaker, I proudly ask you to join me in commending Asher D. 
Allman for his accomplishments with the Boy Scouts of America and for 
his efforts put forth in achieving the highest distinction of Eagle 
Scout.

                          ____________________
```
EXHIBIT 10.20
-------------


January 8, 1996




Mr. Robert P. Garrity
20 Alexander Place
Pittsburgh, Pennsylvania 15243

Re: Employment Agreement Dated December 15, 1993

Dear Bob:

This letter is in reference to the Employment Agreement dated
December 15, 1993 between Action Industries, Inc. (the "Company")
and you.  This will confirm our mutual understanding that the
Employment Period (as defined in Section 1 of the Employment
Agreement) shall be extended from January 3, 1996 until January 3,
1997 and that Section 6.3 of the Employment Agreement is hereby
amended and restated in its entirety to read as follows:

6.3  Without Cause.  In the event Executive's employment is
     terminated by the Company prior to the expiration of the
     Employment Period, other than for cause, the Company shall
     continue to provide to Executive (or Executive's estate in the
     event of Executives's death subsequent to termination) the
     following: (I) the base salary set forth in Section 3.1 for a
     six-month period following the date of such termination,
     payable monthly; (ii) continuation of health care benefits
     during such six-month period, provided that Executive
     continues to make timely payment to the Company for his
     portion of the premium for the health care benefit he selected
     and (iii) continuation during such six-month period of all
     other employee benefits made available to Executive by the
     Company as of the date of such termination.  No compensation
     other than that specifically provided above shall be payable
     on account of any such termination.

Please indicate your agreement with the foregoing amendments to the
Employment Agreement by executing two copies of this letter and
returning one fully signed copy hereof to the undersigned,
whereupon this letter shall be a binding agreement between you and
the Company.

Very truly yours,

ACTION INDUSTRIES, INC.



By T. RONALD CASPER
   --------------------
   T. Ronald Casper
   President

TRC/pap



ACKNOWLEDGED AND AGREED:




ROBERT P. GARRITY
---------------------
Robert P. Garrity
<PAGE>   1



                                                                    EXHIBIT 21.1

                           K-Tron International, Inc.
                              List  of Subsidiaries*
<TABLE>
<CAPTION>
                                                                State or Jurisdiction
Name of Subsidiary                                              of Incorporation
------------------                                              ----------------
<S>                                                             <C>   
K-Tron Investment Co.........................................   Delaware
                                                                
        Hurricane Pneumatic Conveying Inc....................   Canada
        K-Tron America, Inc..................................   Delaware
        K-Tron (Switzerland) Ltd.............................   Switzerland
                                                                
                 K-Tron Asia Pacific Holding Pte Ltd.........   Singapore
                           K-Tron Asia Pacific Pte...........   Singapore
                                                                
                 K-Tron Deutschland GmbH.....................   Germany
                 K-Tron France S.a.r.l.......................   France
                 K-Tron Great Britain Ltd....................   England
                                                                
K-Tron Technologies, Inc.....................................   Delaware
</TABLE>

-------------                                                 
*       Pursuant to applicable Securities and Exchange Commission regulations,
        the Registrant has omitted those subsidiaries which when considered in
        the aggregate as a single subsidiary, would not have been considered a
        significant subsidiary as of the end of fiscal year 1998.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                                     <C>                 
<PERIOD-TYPE>                           3-MOS            
<FISCAL-YEAR-END>                       DEC-31-1999
<PERIOD-END>                            MAR-31-1999       
<CASH>                                    6,102,000 
<SECURITIES>                                      0          
<RECEIVABLES>                            11,880,000                                 
<ALLOWANCES>                               (327,000)                                
<INVENTORY>                               5,327,000                                 
<CURRENT-ASSETS>                         28,517,000                                 
<PP&E>                                   20,646,000                                 
<DEPRECIATION>                           (3,490,000)                                
<TOTAL-ASSETS>                           78,686,000 
<CURRENT-LIABILITIES>                    39,159,000                                 
<BONDS>                                   6,526,000                                 
<PREFERRED-MANDATORY>                             0                                 
<PREFERRED>                                       0                                 
<COMMON>                                      6,000                                
<OTHER-SE>                               33,995,000 
<TOTAL-LIABILITY-AND-EQUITY>             79,686,000                                 
<SALES>                                  27,019,000                                 
<TOTAL-REVENUES>                         27,019,000                                 
<CGS>                                   (24,104,000)                                
<TOTAL-COSTS>                           (24,104,000)                                
<OTHER-EXPENSES>                           (203,000)                                  
<LOSS-PROVISION>                                  0                                 
<INTEREST-EXPENSE>                         (952,000)                                
<INCOME-PRETAX>                          (3,840,000)
<INCOME-TAX>                                976,000 
<INCOME-CONTINUING>                      (2,864,000)
<DISCONTINUED>                                    0  
<EXTRAORDINARY>                                   0  
<CHANGES>                                         0  
<NET-INCOME>                             (2,864,000)
<EPS-PRIMARY>                                 (0.47)        
<EPS-DILUTED>                                     0            
                                        

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

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
SIGNAL INVESTMENT & MANAGEMENT CO.'S UNAUDITED FINANCIAL STATEMENTS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          NOV-30-1999
<PERIOD-START>                             DEC-01-1998
<PERIOD-END>                               AUG-31-1999
<CASH>                                              25
<SECURITIES>                                         0
<RECEIVABLES>                                    3,607
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 3,632
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 356,326
<CURRENT-LIABILITIES>                                0
<BONDS>                                        348,550
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                       2,033
<TOTAL-LIABILITY-AND-EQUITY>                   356,326
<SALES>                                              0
<TOTAL-REVENUES>                                10,425
<CGS>                                                0
<TOTAL-COSTS>                                    7,071
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  3,354
<INCOME-TAX>                                     1,140
<INCOME-CONTINUING>                              2,214
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,214
<EPS-BASIC>                                      8,856
<EPS-DILUTED>                                    8,856


</TABLE>