alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE v. CECIL CARL NICHOLS.

(Filed 9 March, 1955.)

Bigamy and Bigamous Cohabitation § 3—

In a prosecution for bigamy, it is not error to exclude defendant’s testimony that he had employed a lawyer to obtain a divorce for him, was informed that it would require about thirty days, and that after the expiration of that period -he contracted the second marriage, believing that he was divorced.

Babnhill, C. J., and Devin, ,L, took no part in the consideration or decision of this case.

Appeal by defendant from *Paul, Special Judge,*September Term, 1954, of WlLSON.

Criminal action tried upon a bill of indictment charging the defendant, he being already married, feloniously did contract a marriage with Betty Jean Ruffin, outside of this State and thereafter feloniously and biga-mously did cohabit with the said Betty Jean Ruffin in the State of North Carolina.

The State’s evidence shows that the defendant married Dorothy Reasons Nichols on 14 January, 1954, in Wilson, North Carolina, and that they lived together as man and wife for six weeks; that the defendant thereafter, on 19 May, 1954, married Betty Jean Ruffin in Emporia, Virginia, and since that time she and the defendant have been living together in Wilson, North Carolina.

The defendant testified that he had not obtained a divorce from his first wife.

The jury returned a verdict of guilty, and from the judgment entered thereupon the defendant appeals, assigning error.

*Attorney-General McMullan and Assistant Attorney General Bruton for the State.*

*W. B. P. Sharpe, Jr., for defendant.*

*616Per Curiam.

The defendant excepts to and assigns as error the refusal of the court below to permit him to testify to the effect that he employed a lawyer to obtain a divorce for him and was informed that it would require about thirty days to do so; that after the expiration of thirty days from that time, he went home and got married, believing that he was divorced. The exception is without merit.

In the trial below we find no error.

No error.

Barnhill, C. J., and DeviN, J., took no part in the consideration or decision of this case.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM (A) THE
AUDITED BALANCE SHEETS AS OF DECEMBER 31, 1996, AND THE AUDITED STATEMENT OF
OPERATIONS FOR THE YEAR ENDED DECEMBER 31, 1996 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH (B) FORM 10K PERIOD ENDED DECEMBER 31, 1996.
</LEGEND>
<RESTATED>
<CIK> 0000880431
<NAME> MAGAININ PHARMACEUTICALS INC.
<MULTIPLIER> 1,000
<CURRENCY> US

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<EXCHANGE-RATE>                                      1
<CASH>                                           2,072
<SECURITIES>                                    31,268
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                33,794
<PP&E>                                           6,199
<DEPRECIATION>                                   3,693
<TOTAL-ASSETS>                                  36,376
<CURRENT-LIABILITIES>                            5,518
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            39
<OTHER-SE>                                      29,904
<TOTAL-LIABILITY-AND-EQUITY>                    36,376
<SALES>                                              0
<TOTAL-REVENUES>                                   150
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                32,894
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  48
<INCOME-PRETAX>                               (30,620)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (30,620)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (30,620)
<EPS-PRIMARY>                                   (1.71)
<EPS-DILUTED>                                   (1.71)


</TABLE>
# Fourth Court of Appeals San Antonio, Texas December 7, 2022 No. 04-21-00300-CV IN THE MATTER OF THE ESTATE OF Van L. CRAPPS , Deceased From the County Court at Law, Medina County, Texas

Trial Court No. 9498 Honorable Mark Cashion, Judge Presiding



### O R D E R On December 2, 2022, this court requested Appellees’ response to Appellant’s motion for rehearing. On December 7, 2022, Appellees filed an unopposed motion for extension of time to file their response—until January 2, 2023. See T EX . R. A PP . P. 49.9. Appellees’ motion is GRANTED. The response is due on January 2, 2023.

_________________________________ Patricia O. Alvarez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 7th day of December, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
Exhibit 35.2

SERVICER COMPLIANCE CERTIFICATE

PURSUANT TO ITEM 1123 OF REGULATION AB UNDER THE

SECURITIES EXCHANGE ACT OF 1934

|   | Re: | HSBC Automotive Trust (USA) 2007-1 |
|--------|-----|------------------------------------|

I, Joan M. Coppenrath, Vice President, Treasurer and Secretary of HSBC Auto Finance Inc. (the “Company”), pursuant to Item 1123 of Regulation AB of the Securities and Exchange Commission and Section 4.10(a) of the Sale and Servicing Agreement, dated as of January 31, 2007 (the “Agreement”), among HSBC Automotive Trust (USA) 2007-1, as Issuer, HSBC Auto Receivables Corporation, as Seller, HSBC Finance Corporation, as Servicer, Deutsche Bank Trust Company Americas, as Indenture Trustee, and HSBC Bank USA, National Association, as Administrator, hereby certify that:

 

|   | 1. | A review of the activities of the Company from January 31, 2007 through December 31, 2007 and of its performance under the Agreement has been made under my supervision; and |
|--------|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | 2. | To the best of my knowledge, based on my review, the Company has fulfilled all of its obligations under the Agreement in all material respects throughout the reporting period referred to above except as set forth below: |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|   | NONE |
|--------|------|

 

IN WITNESS WHEREOF, I have signed this certificate on behalf of the Company this 3rd day of March 2008.

|   | . |
|--------|---|

 

HSBC Auto Finance Inc.

 

 

By: /s/ Joan M. Coppenrath

Name:  Joan M. Coppenrath

Title:  Vice President, Treasurer and Secretary
**Exhibit32.2**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report ofCarreker Corporation (the Company) on Form 10-Q for the quarterly period endingOctober 31, 2003 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Lisa K.Peterson, Chief Financial Officer, certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

 

(1)               The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)               The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/   LISA K. PETERSON     |   |
|-------------------------------------------|--------|
| Lisa K. Peterson, Chief Financial Officer |

 

 

Dated:             December 11,2003

 

1

----
EXHIBIT 23.2Consent of Independent AuditorsWe hereby consent to the incorporation by reference in the prospectuses constituting part ofthe registration statements on Form S-3 for the CSB Bancorp, Inc. Share Owner DividendReinvestment Plan and on Form S-8 for The Commercial & Savings Bank of Millersburg ProfitSharing and 401(k) Savings Retirement Plan and Trust of our report dated January 27, 2005 onthe consolidated balance sheet of CSB Bancorp, Inc. as of December 31, 2004 and the relatedconsolidated statements of income, shareholders’ equity and cash flows for each of the twoyears in the period ended December 31, 2004, which report is incorporated by reference inthis Form 10-K.     /s/ CLIFTON GUNDERSON LLP          CLIFTON GUNDERSON LLPToledo, Ohio
#### A. W. STANTON v. SELIGMAN, WILLIAMS & BALL, and F. W. WILLIAMS.

(Filed 28 May, 1930.)

Deeds and Conveyances F a — In this case held: grantor in unregistered' timber deed could not hold grantee’s vendee liable for purchase price.

Where the grantor in a timber deed does not reserve title to secure the purchase price to be paid at certain intervals,-and the grantee enters and cuts timber under the unregistered deed and sells the severed timber to another, the purchaser of the cut timber from the grantee is not liable to the grantor upon being notified by him after he had paid the purchase price to the grantee that the grantee had not paid the grantor therefor.

Civil action, before *Moore, Special Judge,*at October Term, 1929, of Pasquotank:.

At tbe conclusion of tbe evidence a motion of nonsuit was sustained and tbe plaintiff excepted and appealed.

*Aydleti & Simpson for plaintiff.*

*Ehringhaus & Hall for defendants.*

Pee Cueiam.

On 1 June, 1927, tbe plaintiff sold to D. P. White “all tbe pine and gum timber on tbe farm wbicb tbe party of tbe first part now owns in Tyrrell County,” together with “all tbe piling, pine and *760gum timber which is now cut down and standing, measuring twelve inches and up at the base.” The contract further provided that payments were to be made “one-half of sale price on each lot when delivered to barge or tug unless otherwise agreed to until the one thousand dollars is paid.”

This timber deed was not recorded and no lien for the unpaid purchase price was reserved upon the timber. White began cutting timber and sold the timber cut to the defendants who paid him the purchase price. Before the timber was moved plaintiff notified the defendants that he had not been paid, and the defendants declined to pay the plaintiff upon the ground that they had already paid White.

Upon the present state of .the record, we are of the opinion that the judgment of nonsuit was properly entered.

Affirmed.
#### Christopher Tricarico, Respondent, v James Vicale, Appellant.

[773 NYS2d 572]

In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated June 3, 2003, which denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is affirmed, with costs.

In support of his motion, the defendant submitted affirmations of an orthopedist and a neurologist, both of whom examined the plaintiff and reviewed magnetic imaging resonance reports which revealed that the plaintiff had disc herniations at L4-L5 and L5-S1 and a tear of the posterior horn of the medial meniscus of the left knee. In addition, according to the affirmation of the defendant’s examining orthopedist, tests he performed indicated that the plaintiff had limitations of range of motion.

The defendant failed to establish his prima facie entitlement to summary judgment. The evidence submitted in support of the motion failed to demonstrate that the plaintiffs injuries were not causally related to the accident, or that they were not serious, within the meaning of Insurance Law § 5102 (d) *(see Jones v Jacob,*1 AD3d 485, 486 [2003]; *Shin v Torres,*295 AD2d 495, 496 [2002]). Thus, the defendant’s motion for summary judgment was properly denied based on the insufficiency of the moving papers, and we need not consider the sufficiency of the *762plaintiff’s papers in opposition to the motion *(see Franca v Parisi,*298 AD2d 554 [2002]). Santucci, J.P., Smith, Luciano and Adams, JJ., concur.
The H onorable Nanette K. Laughrey, United States District Judge for th e 1 Western District of Missouri. United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ Nos. 97-2711/3291

___________ Robert B. DePugh, * * Appellant, * * v. * Appeals from the United States * District Court for the Willis Swearingin, former Sheriff * Western District of Missouri. Carroll County, Missouri, in his * personal and official capacities, * [UNPUBLISHED] * Appellee. *

___________ Submitted: March 6, 1998 Filed: March 13, 1998

___________ Before BOWMAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circui t Judges.

___________ PER CURIAM. Ro bert B. DePugh appeals the judgment of the District Court grantin g 1 defendant & s motion for entry of judgment under Federal Rule of Civil Procedure 52(c) in his 42 U.S.C. § 1983 (1994) action. DePugh also appealsthe District Court & s award of attorney fees in the amount of $5,000 to defendant under 42 U.S.C. § 1988 (1994). Having reviewed the record and the parties & submissions on appeal, we conclude that-2-

the District Court did not err in granting defendant & s motion for entry o f judgment under Federal Rule of Civil Procedure 52(c). We also conclude that the Distr ict Court did not abuse its discretion in awarding attorney f ees to defendant. DePugh & s other arguments are with out merit. Accordingly, we affirm. See8th Cir. R. 47B. We gran t Swearingin & s motion for sanctions against DePugh for filing a frivolous appeal. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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EXHIBIT 32  CERTIFICATION OF CEO AND CFO 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 Annual Report
on Form 10-K of Dendrite International, Inc. (the Company) for the year ended
December 31, 2003 as filed with the Securities and Exchange Commission on
the date hereof (the Report), John E. Bailye, as Chief Executive Officer of
the Company, and Kathleen E. Donovan, as Chief Financial Officer of the
Company, each 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
the best of his or her 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.   JOHN E.
  BAILYEName:
  John E.
  BailyeTitle:
  Chairman of
  the Board and Chief Executive OfficerDate:
  March 15,
  2004KATHLEEN E.
  DONOVANName:
  Kathleen E.
  DonovanTitle:
  Senior Vice
  President and Chief Financial OfficerDate:
  March 15,
  2004
[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Notices]
[Pages 65669-65670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30847]



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

DEPARTMENT OF JUSTICE
Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--Crash Avoidance Metrics Partnership

    Notice is hereby given that, on July 6, 1995, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), Crash Avoidance Metrics 
Partnership has filed written notifications simultaneously with the 
Attorney General and the Federal Trade Commission disclosing (1) The 
identities of the parties and (2) the nature and objectives of the 
partnership. The notifications were filed for the purpose of invoking 
the Act's provisions limiting the recovery of antitrust plaintiffs to 
actual damages under 

[[Page 65670]]
specified circumstances. Pursuant to Section 6(b) of the Act, the 
identities of the parties are: General Motors Corporation, Detroit, MI; 
and Ford Motor Company, Dearborn, MI. The purpose of this partnership 
is to identify opportunities for joining aspects of their independent 
research and development efforts in procedures for measurement of 
collision warning/avoidance system performance, functions and operating 
characteristics. The objectives are to avoid inefficient duplication 
effort and expense in research in this area, improve general scientific 
knowledge, and accelerate the development of technologies in this area 
in order to maximize the benefits and effectiveness of future crash 
avoidance systems.
Constance K. Robinson,
Director of Operations, Antitrust Division.
[FR Doc. 95-30847 Filed 12-19-95; 8:45 am]
BILLING CODE 4410-01-M
<PAGE>   1
                            CERTIFICATE OF AMENDMENT
                                       OF
                      RESTATED CERTIFICATE OF INCORPORATION
                                       OF
                          MAGAININ PHARMACEUTICALS INC.


                  Magainin Pharmaceuticals Inc., a Delaware corporation (the
"Corporation"), does hereby amend its Restated Certificate of Incorporation
pursuant to the provisions of Section 242 of the Delaware General Corporation
Law as set forth below:

                  1. The first paragraph of Article FOURTH of the Restated
Certificate of Incorporation is hereby amended to read in its entirety as
follows:

                  "FOURTH: The total number of shares of all classes of stock
                  which the Corporation shall have authority to issue is
                  54,211,031, consisting of 9,211,031 shares of Convertible
                  Preferred Stock, $.001 par value (the "Preferred Stock"), and
                  45,000,000 shares of Common Stock, $.002 par value (the
                  "Common Stock")."

                  2. The Corporation hereby certifies that the amendment set
forth in paragraph 1 above has been duly adopted in accordance with the
provisions of Section 242 of the Delaware General Corporation Law.

                  IN WITNESS WHEREOF, the Corporation has caused this
Certificate of Amendment of the Restated Certificate of Incorporation to be duly
adopted in accordance with the provisions of Section 242 of the Delaware General
Corporation Law and to be executed in its corporate name on the 20th day of May,
1996.

                                           MAGAININ PHARMACEUTICALS INC.


                                           By: /s/ Jay Moorin
                                               ------------------------------
                                               Jay Moorin
                                               President and Chief Executive
                                               Officer