alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
142 So. 539

#### VANN v. ROGERS.

4 Div. 652.

Supreme Court of Alabama.

June 9, 1932.

L. A. Parmer, of Dothan, for appellant.

O. S. Lewis, of Dothan, for appellee.

GARDNER, J.

This suit, instituted in June, 1929, is on the common counts which disclose the right of action accrued in March, 1921. The pleas of the statute of limitations of three and six years were interposed, to which plaintiff replied that following his conviction of murder in the first degree in January, 1922, he was’ sentenced to life imprisonment in the state penitentiary, and in March, 1929, was pardoned by the Governor with restoration of his civil and political rights. We are persuaded the court properly sustained demurrer to these replications. By section 8974, Code 1923, it is expressly provided that a disability which did not exist when the cause of action accrued does not suspend the operation of the limitations, unless the contrary is expressly provided. And it is held that a party claiming the benefit of an exception or proviso in the statute of limitations can only avail himself of the disability which existed when the* right of action first accrued. Richardson v. Mertins, 175 Ala. 309, 57 So. 720.

The pleadings disclose plaintiff’s right of action accrued some time prior to his convic; tion and imprisonment and the statute of lim*187itations was not therefore suspended by such subsequent event.

Under section 5293, Code 1923, a convict sentenced to life imprisonment is regarded as civilly dead (Holmes v. King, 216 Ala. 412, 113 So. 274), and as a result of such civil death is his incapacity to sue in the courts. Had plaintiff suffered a natural death after the accrual of his right of action, no suspension of the statute of limitations would have followed, and of course by like reasoning the same result follows from his civil death under section 5293.

But counsel for plaintiff, realizing this situation, relies upon the provisions of section 8973, Code 1923, to the effect that when the commencement of an action is stayed by injunction or statutory prohibition, the time of the injunction or prohibition is not computed as a part of the time, and argues that section 5293, supra, as to civil death is a statutory prohibition. We think, however, the language of section 8973 clearly indicates a reference to court procedure whereby the commencement of the action is “stayed,” and could not properly be construed as having any reference to a mere consequential inability to sue under said section 5293.

There appearing no disability to sue when the cause of action accrued, the statute of limitations began to run and its operation was not suspended by any matter appearing in the replication. The demurrer thereto was properly sustained, and the judgment is due to be affirmed.

Affirmed.

ANDERSON, C. J., and BOULDIN and FOSTER, JJ., concur.
**Exhibit10.16**

 

AMENDMENT NO. 1

To Employment Agreementof

Stuart Benson

 

Reference is madeto that certain employment agreement dated as of November 20, 2002 betweenVital Living, Inc., a Nevada corporation (the “Company”) and Stuart Benson (the“Executive”).

 

The parties heretodesire to amend the employment agreement (the “‘Agreement”) as follows:

 

Thefirst sentence of Paragraph 1(a) of the Agreement is hereby amended as follows:

 

Company herebyengages Employee, and Employee hereby agrees to serve as Vice Chairman of theBoard of Directors and President, Treasurer and Secretary on the terms andconditions of this Agreement.

 

This Amendment isexecuted this             day ofJuly, 2003.

 

 
|   |   | Vital Living, Inc. |   |
|--------|--------|--------------------|--------|
|   |   |               |   |
|   |   |               |   |
|   | By:    |               |   |
|   | Its:   |               |   |

 

Agreed to and Accepted:

 

 
| By:           |   |   |
|---------------|--------|--------|
| Stuart Benson |

 

----
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MAY 28, 2021

NO. 03-19-00356-CR

Wesley Eugene Perkins, Appellant

v.

The State of Texas, Appellee

APPEAL FROM COUNTY COURT AT LAW NO. 2 OF BELL COUNTY

BEFORE CHIEF JUSTICE BYRNE, JUSTICES TRIANA AND SMITH

AFFIRMED -- OPINION BY CHIEF JUSTICE BYRNE

This is an appeal from the judgment of conviction rendered by the trial court. Having reviewed 

the record and the parties’ arguments, the Court holds that there was no reversible error in the 

trial court’s judgment. Therefore, the Court affirms the trial court’s judgment. Because 

appellant is indigent and unable to pay costs, no adjudication of costs is made.
Cause No. 07-15-00213-CV

IN THE SEVENTH COURT OF APPEALS 

AMARILLO, TEXAS 

_____ 

T-MILLER WRECKER SERVICES, INC. 

vs. 

RICKY’S TOWING OF AMARILLO, LLC, CANTU TOWING, LLC

Appeal from the County Court at Law No. 1 in and for 

Potter County, Texas 

The Honorable W.F. Corky Roberts Presiding 

Trial Court Cause No. 102,464-1 

NOTICE OF OPPOSITION TO APPELLEES’ FIRST MOTION TO 

EXTEND TIME TO FILE APPELLEES’ BRIEF 

TO THE HONORABLE JUDGES OF THE COURT OF APPEALS: 

 

 In Appellees’ First Motion to Extend Time to File Appellees’ Brief, counsel 

for Appellees indicated that he had conferred with the District Attorney’s Office 

and the Motion was unopposed. Appellant files this Notice of Opposition to advise 

the Court that counsel for Appellees did not confer with counsel for Appellant, and 

Appellant is opposed to the relief Appellees seek. Appellant objects to the late 

filing of Appellee’s brief. 

ACCEPTED

07-15-00

SEVENTH COURT OF APPEALS

AMARILLO, TEXAS

10/12/2015 10:44:50 AM

Vivian Long, Clerk

 FILED IN 7th COURT OF APPEALS AMARILLO, TEXAS 10/12/2015 10:44:50 AM VIVIAN LONG CLERK
Respectfully Submitted, 

 

 /s/ Jeremi K. Young 

 THE YOUNG LAW FIRM, P.C. 

Jeremi K. Young 

Bar No. 24013793 

Rachael Rustmann 

Bar No. 24073653 

1001 S. Harrison, Suite 200 

Amarillo, Texas 79101 

 (806) 331.1800 

 Fax: (806) 398.9095 

 jyoung@youngfirm.com 

 rachael@youngfirm.com 

 Attorneys for Appellant 

NOTICE OF ELECTRONIC FILING 

 I certify that I have electronically submitted for filing a true and correct copy 

of the foregoing brief pursuant to the Court’s electronic filing system on October 

12, 2015. 

By: /s/ Jeremi K. Young 

Jeremi K. Young 

CERTIFICATE OF SERVICE 

I hereby certify that on this 12th day of October, 2015, a true and correct 

copy of the foregoing document was delivered to counsel as shown: 

VIA EMAIL: darrell.careyfirm@suddenlinkmail.com 

Darrell R. Carey 

300 15th Street 

Canyon, Texas 79015 

By: /s/ Jeremi K. Young 

Jeremi K. Young
2001 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

7-11-2001

A D Bedell Wholesale v. Philip Morris Inc

Precedential or Non-Precedential:

Docket 00-3410

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2001

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2001 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"A D Bedell Wholesale v. Philip Morris Inc" (2001). 2001 Decisions. Paper 153.

http://digitalcommons.law.villanova.edu/thirdcircuit_2001/153
Filed July 11, 2001 

UNITED STATES COURT OF APPEALS 

FOR THE THIRD CIRCUIT 

No. 00-3410 

A.D. BEDELL WHOLESALE COMPANY, INC.; 

TRIANGLE CANDY & TOBACCO CO., on behalf of 

themselves and all others similarly situated, 

 Appellants 

v. 

PHILIP MORRIS INCORPORATED; 

R.J. REYNOLDS TOBACCO COMPANY, INC.; 

BROWN AND WILLIAMSON TOBACCO CORP. 

On Appeal from the United States District Court 

for the Western District of Pennsylvania 

D.C. Civil Action No. 99-cv-00558 

(Honorable Donetta W. Ambrose) 

Argued December 14, 2000 

Before: SCIRICA, FUENTES and GARTH, Circuit Judges 

ORDER AMENDING SLIP OPINION 

IT IS HEREBY ORDERED that the caption of the slip 

opinion in the above case, filed June 19, 2001, be amended 

at page 2 by adding 

 Dennis J. O'Brien, Esquire 

 USX Tower, Suite 660 

 600 Grant Street 

 Pittsburgh, Pennsylvania 15219 
as an additional attorney for appellants. Mr . O'Brien's name 

and address shall be added immediately below that of Alan 

R. Wentzel, Esquire. 

 BY THE COURT, 

 /s/ Anthony J. Scirica 

 Circuit Judge 

DATED: July 11, 2001 

A True Copy: 

Teste: 

 Clerk of the United States Court of Appeals 

 for the Third Circuit 

 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

          - [Release No. 34-44256A; File No. SR-Amex-2001-24]

      ( print page 29369)    

## Correction

In FR Document 01-11801 beginning on page 23955 for Thursday, May 10, 2001, the date for File No. SR-2001-24 should read May 4, 2001.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 01-13474  Filed 5-29-01; 8:45 am]

BILLING CODE 8010-01-M
[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Page 28569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13018]


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

NUCLEAR REGULATORY COMMISSION


Advisory Committee on Reactor Safeguards; Meeting of the ACRS 
Subcommittee on Reliability and Probabilistic Risk Assessment; Notice 
of Meeting

    The ACRS Subcommittee on Reliability and Probabilistic Risk 
Assessment will hold a meeting on June 22, 2001, Room T-2B3, 11545 
Rockville Pike, Rockville, Maryland.
    The entire meeting will be open to public attendance.
    The agenda for the subject meeting shall be as follows:
    Friday, June 22, 2001--8:30 a.m. until 12 p.m.
    The Subcommittee will review the staff's draft Individual Plant 
Examination of External Events (IPEEE) Insight Report (draft NUREG-
1742). The purpose of this meeting is to gather information, analyze 
relevant issues and facts, and to formulate proposed positions and 
actions, as appropriate, for deliberation by the full Committee.
    Oral statements may be presented by members of the public with the 
concurrence of the Subcommittee Chairman; written statements will be 
accepted and made available to the Committee. Electronic recordings 
will be permitted only during those portions of the meeting that are 
open to the public, and questions may be asked only by members of the 
Subcommittee, its consultants, and staff. Persons desiring to make oral 
statements should notify the cognizant ACRS staff engineer named below 
five days prior to the meeting, if possible, so that appropriate 
arrangements can be made.
    During the initial portion of the meeting, the Subcommittee, along 
with any of its consultants who may be present, may exchange 
preliminary views regarding matters to be considered during the balance 
of the meeting.
    The Subcommittee will then hear presentations by and hold 
discussions with representatives of the NRC staff, and other interested 
persons regarding this review.
    Further information regarding topics to be discussed, whether the 
meeting has been canceled or rescheduled, and the Chairman's ruling on 
requests for the opportunity to present oral statements and the time 
allotted therefor can be obtained by contacting the cognizant ACRS 
staff engineer, Mr. Michael T. Markley (telephone 301/415-6885) between 
7:30 a.m. and 4:15 p.m. (EDT). Persons planning to attend this meeting 
are urged to contact the above named individual one or two working days 
prior to the meeting to be advised of any potential changes to the 
agenda, etc., that may have occurred.

    Dated: May 17, 2001.
James E. Lyons,
Associate Director for Technical Support, ACRS/ACNW.
[FR Doc. 01-13018 Filed 5-22-01; 8:45 am]
BILLING CODE 7590-01-P
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2309 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2309

To amend the Internal Revenue Code of 1986 to treat Puerto Rico as part 
of the United States for purposes of determining whether real property 
            qualifies for treatment as a like-kind exchange.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2019

Miss Gonzalez-Colon of Puerto Rico introduced the following bill; which 
            was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to treat Puerto Rico as part 
of the United States for purposes of determining whether real property 
            qualifies for treatment as a like-kind exchange.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Real Estate Exchange Fairness Act of 
2019''.

SEC. 2. PUERTO RICO TREATED AS PART OF UNITED STATES FOR PURPOSES OF 
              LIKE-KIND EXCHANGES.

    (a) In General.--Section 1031(h) of the Internal Revenue Code of 
1986 is amended by adding at the end the following: ``For purposes of 
the preceding sentence, the term `United States' shall be treated as 
including Puerto Rico.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to exchanges completed after the date of the enactment of this Act.
                                 <all>
```
Case 1:07-cr-00566-GBD Document 31-5 Filed 04/22/2008 Page 1 of 7
Case 1:07-cr-00566-GBD Document 31-5 Filed 04/22/2008 Page 2 of 7
Case 1:07-cr-00566-GBD Document 31-5 Filed 04/22/2008 Page 3 of 7
Case 1:07-cr-00566-GBD Document 31-5 Filed 04/22/2008 Page 4 of 7
Case 1:07-cr-00566-GBD Document 31-5 Filed 04/22/2008 Page 5 of 7
Case 1:07-cr-00566-GBD Document 31-5 Filed 04/22/2008 Page 6 of 7
Case 1:07-cr-00566-GBD Document 31-5 Filed 04/22/2008 Page 7 of 7
ANNUAL STATEMENT AS TO COMPLIANCE

HSBC Finance Corporation, successor by merger to

Household Finance Corporation ("HSBC" Finance")

HOUSEHOLD AUTO RECEIVABLES CORPORATION

HOUSEHOLD AUTOMOTIVE TRUST 2001-2

 

	I, Steven H. Smith, Servicing Officer of HSBC Finance (the "Master Servicer"), DO HEREBY CERTIFY, in accordance with Section 4.10 of the Master Sale and Servicing Agreement dated as of July 2, 2001 among Household Automotive Trust 2001-2, as Issuer, Household Auto Receivables Corporation, as Seller, the Master Servicer and U.S. Bank National Association, as Indenture Trustee, (the "Agreement") that:

	1.  A review of the activities of the Master Servicer from January 1 through December 31, 2004 and of its performance under the Agreement has been made under my supervision; and

To the best of my knowledge, based on my review, the Master Servicer has fulfilled all of its material obligations under the Agreement throughout such Year.  Based on such review, the Master Servicer has, to the best of my knowledge, performed in all material respects its obligations under the Agreement throughout such year and no default in the performance of such obligations has occurred or is continuing except as set forth below.

				NONE

 

IN WITNESS WHEREOF, I have signed this certificate this 1st day of March, 2005.

 

 

					HSBC Finance Corporation, as Master Servicer

 

						/s/ Steven H. Smith			 
					Steven H. Smith

					Servicing Officer

 

 

 

 

 

 

 

 

ANNUAL STATEMENT AS TO COMPLIANCE

HSBC Finance Corporation, successor by merger to

Household Finance Corporation ("HSBC" Finance")

HOUSEHOLD AUTO RECEIVABLES CORPORATION

HOUSEHOLD AUTOMOTIVE TRUST 2001-2

 

 

	I, Steven H. Smith, Servicing Officer of HSBC Finance, as Master Servicer, DO HEREBY CERTIFY, in accordance with Section 3.9 of the Indenture dated as of July 2, 2001 among Household Automotive Trust 2001-2, (the "Issuer") and U.S. Bank National Association, as Indenture Trustee, that:

	1.   A review of the activities of the Issuer from January 1 through December 31, 2004 and of its performance under the Indenture has been made under my supervision; and

To the best of my knowledge, based on my review, the Issuer has complied with all conditions and covenants under this Indenture and each Series Supplement throughout such year. Based on such review, the Issuer has, to the best of my knowledge, performed in all material respects its obligations under the Indenture throughout such year and no default in the performance of such obligations has occurred or is continuing except as set forth below.

				NONE

 

IN WITNESS WHEREOF, I have signed this certificate this 1st day of March, 2005.

 

 

					HSBC Finance Corporation, as Master Servicer

 

						/s/ Steven H. Smith			 
					Steven H. Smith

					Servicing Officer
I 

116TH CONGRESS 

1ST SESSION H. R. 2319 

To improve the national instant criminal background check system in order 

to search the National Data Exchange database when conducting criminal background checks. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2019 

Mr. RICE of South Carolina (for himself, Mr. HUDSON, Mr. DIAZ-BALART, 

Mr. WOODALL, Mr. CONAWAY, Mr. MOOLENAAR, Mrs. LESKO, Mr. 

STEWART, Mr. YOHO, Mr. MARCHANT, Mr. HUIZENGA, Mr. ZELDIN, Mr. 

AMODEI, Mr. GONZALEZ of Texas, and Ms. TORRES SMALL of New Mexico) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To improve the national instant criminal background check 

system in order to search the National Data Exchange 

database when conducting criminal background checks. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘21st Century NICS 

5 Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•HR 2319 IH

1 SEC. 2. REQUIREMENT THAT THE NICS SYSTEM SEARCH 

2 THE NATIONAL DATA EXCHANGE DATABASE 

3 IN CONDUCTING BACKGROUND CHECKS. 

4 Section 103(e)(1) of the Brady Handgun Violence 

5 Prevention Act (34 U.S.C. 40901(e)(1)) is amended by 

6 adding at the end the following: 

7 ‘‘(L) SEARCH OF NATIONAL DATA EX8 CHANGE DATABASE.—The system established 

9 under this section may search the database of 

10 the National Data Exchange in conducting a 

11 background check under this section.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS
#### STATE v. BRICKHOUSE

No. 240P98

Case below: 129 N.C.App. 644

Notice of appeal by defendant pursuant to G.S. 7A-30 (substantial constitutional question) dismissed 8 October 1998. Petition by defendant for discretionary review pursuant to G.S. 7A-31 denied 8 October 1998.
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2246 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 2246

 To designate the facility of the United States Postal Service located 
at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy 
  Donald William Durr, Corporal Zach Moak, and Patrolman James White 
                    Memorial Post Office Building''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 10, 2019

  Mr. Guest introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
 To designate the facility of the United States Postal Service located 
at 201 West Cherokee Street in Brookhaven, Mississippi, as the ``Deputy 
  Donald William Durr, Corporal Zach Moak, and Patrolman James White 
                    Memorial Post Office Building''.

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

SECTION 1. DEPUTY DONALD WILLIAM DURR, CORPORAL ZACH MOAK, AND 
              PATROLMAN JAMES WHITE MEMORIAL POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 201 West Cherokee Street in Brookhaven, Mississippi, shall 
be known and designated as the ``Deputy Donald William Durr, Corporal 
Zach Moak, and Patrolman James White Memorial Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Deputy 
Donald William Durr, Corporal Zach Moak, and Patrolman James White 
Memorial Post Office Building''.
                                 <all>
```
CONSENT OF INDEPENDENT PETROLEUM ENGINEERS  We hereby consent to the use
and reference to our name and reports evaluating a portion of EnCana Corporations
petroleum and natural gasreservesas of December 31, 2006, and the information derived from our reports, as described or incorporated by reference in: (i)
EnCana Corporations Annual Report on Form 40-F for the year ended December 31, 2006; (ii) EnCana Corporations and EnCana Holdings Finance Corp.s
registration statement on Form F-9 (File Nos.333-133648-01 and 333-133648); (iii) EnCana
Corporations registration statement on Form F-9 (File No. 333-137182); and (iv) EnCana Corporations registration
statements on Form S-8 (File Nos.
333-124218, 333-13956 and
333-85598), filed with the United States Securities and Exchange
Commission pursuant to the Securities Exchange Act of 1934, as amended, or the Securities Act of 1933, as amended as applicable.  NETHERLAND, SEWELL & ASSOCIATES, INC.By:
  /s/ C. H. (Scott) ReesC.H.
  (Scott) Rees III, P.E.President
  and Chief Operating OfficerDallas,
  TexasFebruary
  23, 2007