alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dallas Cotton & Woolen Mills v C. H. Clancey.

(No. 3009.)

Appeal from Dallas County.

*{Transferred from Austin.)*

Porter & Reid, counsel for appellant.

No counsel appeared for appellee.

Opinion by

Willson, J.

§ 194. *Failure of consideration; insufficient plea of by subscriber to shares of stock in corporation; case stated.*Appellant sued appellee upon his promissory note for $200, and a trial of the cause resulted in a judgment for appellee, sustaining his plea of failure of consideration. Appellee’s plea of failure of consideration was, in •substance, that said note was executed by him in payment of his subscription for two shares of stock of par value of $100 each, said subscription contract being as *294follows: *“*Dallas, Texas, May 26, 1887. We hereby obligate ourselves to take the following shares in a company to be organized to build a cotton and woolen mill in or near the city of Dallas, Texas, and to be incorporated under the laws of Texas; the authorized capital to be $500,000. Operations to commence as soon as the stockholders shall deem sufficient shares have been taken to justify it. Five per cent, of the subscription to be paid when sufficient stock is taken to commence operation. The balance of payment to be made, ten per cent, of the entire amount subscribed on the first of each month, commencing October 1, 1887.” That said company had failed, to issue him certificates of stocks for said two shares. That said company had never erected said cotton and woolen mills, but had only erected a cotton mill. That the charter members of said corporation organized the same for their sole benefit, ignoring the rights of appellee, etc. Appellant excepted to said pleas of failure of consideration, because the matters stated therein did not constitute any valid defense to this action, which exception the court overruled. We are of opinion that the court erred in not sustaining the exception to said pleas of failure of consideration. A subscriber to shares of stock in a corporation cannot avoid his liability upon the ground that the corporation has not issued to him his certificates of stock. [Slipher v. Earhart, 83 Ind. 173; Mor. Priv Corp., §§ 258-282; Thomp. Liab. Stockh., §§ 105, 106.] Nor will a partial abandonment of a corporate enterprise relieve a subscriber from his liability, and especially so' if the abandonment is merely a temporary one. [Mor. Priv. Oorp., § 219; Railway Co. v. Gifford, 87 N. Y. 294.] Nor will the allegation that the charter members organized said corporation for their sole benefit, ignoring appellee’s rights, relieve him of liability upon Ms subscription. It is not shown in what manner appellee’s rights were ignored, or that any fraud was practiced upon him in the organization of the corporation, *295nor any facts alleged which show that said corporation was organized for the sole benefit of the charter members.

January 14, 1891.

Reversed and remanded.
Exhibit 13.1



CERTIFICATION OF PERIODIC FINANCIAL REPORT

Pursuant to 18 U.S.C. Section 1350



In
connection with the Annual Report of United Microelectronics Corporation (the Company) on Form 20-F for the fiscal year ended December 31, 2003 as filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Jackson Hu, Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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: June 17, 2004



By:

/s/ Jackson HuName:

Jackson HuTitle:

Chief Executive Officer




|* | A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.
|- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
#### STATE ex rel. BADON v. STATE of Louisiana.

No. 2010-KH-0150.

Supreme Court of Louisiana.

Dec. 17, 2010.

In re Badon, Edward; —Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. H, No. 367-715; to the Court of Appeal, Fourth Circuit, No. 2009-K-1533.

Denied. La.C.Cr.P. art. 930.8; *State ex rel. Glover v. State,*93-2330 (La.9/5/95), 660 So.2d 1189; see also *State ex rel. Fleury v. State,*93-2898 (La.10/13/95), 661 So.2d 488; cf. La.C.Cr.P. art. 930.4(D).
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated statements of financial condition and the consolidated
statements of operation of Unified Financial Services, Inc. filed as a part of
the Company's annual report on Form 10-KSB and is qualified in its entirety
by reference to such report.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                      10,342,501
<SECURITIES>                                   726,131
<RECEIVABLES>                                8,912,229
<ALLOWANCES>                                   (38,326)
<INVENTORY>                                          0
<CURRENT-ASSETS>                            20,172,541
<PP&E>                                       4,455,749
<DEPRECIATION>                              (2,913,498)
<TOTAL-ASSETS>                              26,695,936
<CURRENT-LIABILITIES>                       14,502,720
<BONDS>                                              0
<COMMON>                                        27,174
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,672
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                26,695,936
<SALES>                                              0
<TOTAL-REVENUES>                            22,971,836
<CGS>                                                0
<TOTAL-COSTS>                                8,488,788
<OTHER-EXPENSES>                            13,287,695
<LOSS-PROVISION>                                36,875
<INTEREST-EXPENSE>                             356,453
<INCOME-PRETAX>                              1,283,239
<INCOME-TAX>                                   150,458
<INCOME-CONTINUING>                          1,132,781
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,132,781
<EPS-PRIMARY>                                     0.47
<EPS-DILUTED>                                     0.42
        

</TABLE>
E 1208 CONGRESSIONAL RECORD — Extensions of Remarks June 8, 1995

But the bill on balance will not provide much

help to Ukraine.

We must do better than this to build democracy and continue economic reforms in

Ukraine.

CONGRATULATIONS DR. GEORGE

fMITCHELL

HON. GLENN POSHARD OF ILLINOIS

IN THE HOUSE OF REPRESENTATIVES

Thursday, June 8, 1995

Mr. POSHARD. Mr. Speaker, I rise today to

pay special tribute to Dr. George Mitchell of

Marshall, IL. On May 19, 1995, Dr. Mitchell

was given the National Rural Health Association’s Rural Health Practioner of the Year

Award. The ceremony was part of the 18th

Annual National Conference that was held in

Atlanta, GA. The people of southeastern Illinois have known for over four decades of Dr.

Mitchell’s award winning contributions, and

now the entire Nation does as well.

This is not the first time Dr. Mitchell has

been recognized for his dedicated service to

the people of rural Illinois. In 1993, he was

awarded the Illinois Academy of Family Physicians’ Family Physician of the Year Award. In

1992, he was honored with the Distinguished

Service Award from Lake Land College. In addition, the Illinois State Senate honored him

for his ‘‘commitment to public service in the

State of Illinois.’’

Since 1946, Dr. George Mitchell has provided quality health care to the people of

southeastern Illinois. Dr. Mitchell has worked

49 years with his community to help improve

the lives of his friends and neighbors. Whether

he is called upon to aid the ill, or to help ensure that the area has an organized and effective ambulance service, Dr. Mitchell is always

willing to help the people of Clark County.

Mr. Speaker, Dr. Mitchell’s lifelong commitment to patient care, community involvement,

and continued contributions to his profession

led to his being chosen as this year’s National

Rural Health Practitioner. For decades Dr.

Mitchell has given of himself, so that others

are able to live a better life. Dr. George Mitchell is an outstanding individual, and I am proud

to represent him in the U.S. Congress.
Exhibit 35.1

SERVICING COMPLIANCE STATEMENT

In connection with the Annual Report on Form 10-K of Santander Drive Auto Receivables Trust 2011-4 for the fiscal year ending
December 31, 2013 (the Report), the undersigned, a duly authorized officer of Santander Consumer USA Inc. (the Servicer), does hereby certify and represent that:



| | 1. | A review of the activities and performance of the Servicer under the Sale and Servicing Agreement, dated as of October 13, 2011, among Santander Drive Auto Receivables LLC, Santander Consumer USA Inc., Santander
Drive Auto Receivables Trust 2011-4 and Deutsche Bank Trust Company Americas (the Agreement) during the period that is the subject of the Report has been made under my supervision.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the period that is the subject of the Report.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



SANTANDER CONSUMER USA INC.By:

/s/ Jason KulasName:

Jason KulasTitle:

President and Chief Financial OfficerDate:

March 28, 2014By:

/s/ Jennifer M. PoppName:

Jennifer M. PoppTitle:

Chief Accounting OfficerDate:

March 28, 2014
EXHIBIT 32.1



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 Annual Report of eAutoclaims, Inc. (the Company), on Form 10-KSB for the year ended July 31, 2007, as filed with the Securities and Exchange Commission on November 8, 2007 (the Report), I, Jeffrey Dickson, the President and CEO of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



1.           The Annual 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 Annual Report fairly presents, in all materials respects, the financial condition and results of operations of eAutoclaims, Inc.



Date:
        November 8, 2007




| | /s/   Jeffrey Dickson
| | ---------------------
| | Print Name:Title:    





---
#### John Matula v. Edward Fitzgerald.

(No. 2832.)

Appeal from Lavaca County.

E. B. Allen and W. B. McKinnon, counsel for appellant.

No counsel appeared for appellee.

Opinion by

White, P. J.

*110March 19, 1890.

§ 70. *Appeal from justice’s court; new defenses cannot be permitted in the appellate court; plea of misjoinder of parties held bad; case stated.*This suit was brought in justice’s court to recover a balance due upon two accounts, both accounts being consolidated and embraced in one general account. This account was verified by the affidavit of Matula, who swore that he owned the same and that it was just and unpaid, etc. Defendant made counter-affidavit that the claim was unjust, and that a greater portion of the same was barred by the statute of limitations. The justice found in favor of defendant’s plea of the statute of limitations, and rendered judgment for plaintiff for the amount of said account which was not barred by the statute. Plaintiff, Matula, then appealed to the county court. In the county court, defendant Fitzgerald pleaded a misjoinder of parties and actions, and moved the court to dismiss the appeal. This motion was granted, and the appeal dismissed. Defendant was not entitled to plead new defenses in the county court, and plaintiff’s exceptions to his .new defenses should have been sustained. [2 Civil Cas. Ct. App., §§ 442, 625; 1 Civil Cas. Ct. App., § 239; 2 Civil Cas. Ct. App., § 23.] There was in fact no misjoinder of parties nor causes of action; plaintiff swore he owned the two accounts. The case should not have been dismissed, but should have been tried *de novo*on the pleadings which the parties had made in the justice’s court.

Reversed and remanded.
News United States Air Force
 Hill F-35s form up for combat trainingPublished May 9, 2016
                        
                        By Kari Tilton
                        
                        
                        419th Fighter Wing Public Affairs
                **HILL AIR FORCE BASE, Utah (AFNS) --**
                F-35 Lightning II pilots from Hill Air Force Base began flying routine four-ship combat training missions at the Utah Test and Training Range in the west desert May 2.Active-duty and Reserve pilots from the 388th and 419th Fighter Wings used the jet’s intricate computer network to evade a series of simulated threats. They worked together to detect and jam enemy radar and identify and destroy targets from roughly 40,000 feet, just as they would in combat.“A four-ship configuration is the standard for combat, so this training is crucial,” said Lt. Col. George Watkins, the 34th Fighter Squadron commander. “We’ll train to fly into contested environments where highly advanced enemy surface-to-air threats exist.”The F-35 was created to do just that. It’s impossible to penetrate this type of enemy territory with non-stealth aircraft such as the F-16 Fighting Falcon, A-10 Thunderbolt II and F-15 Eagle, Watkins said.In addition to being stealthy, the F-35 is designed to gather, fuse and distribute more information than any fighter jet in history.“The F-35 gives us the ability to access enemy airspace like never before,” said Lt. Col. Curtis Pitts, the commander of Detachment 1, 419th Operations Group. “The F-35 is a giant leap in technology and offers a significant air superiority advantage in high-threat areas.”The 34th FS flew their first four-ship flights during two days of surge operations in March to test the ability of F-35 maintenance troops to get aircraft off the ramp and into the skies quickly. They generated 16 sorties with zero maintenance discrepancies, according to Capt. Richard Palz, the 34th Aircraft Maintenance Unit officer in charge.“We’ve vetted and tested our ability to generate four-ships and doing so regularly will become routine, which is a significant step on the road to initial operational capability,” Palz said.The Air Force’s first operational F-35 arrived at Hill AFB in September 2015. Hill’s fighter wings are currently working to reach IOC, at which time the F-35 will be ready for combat.The base will be home to three operational F-35 fighter squadrons with a total of 78 aircraft by the end of 2019. The 388th and 419th FWs fly and maintain the Air Force’s newest fighter aircraft in a total force partnership, which capitalizes on the strength of both components.F-35 



Hill AFB 



419th Fighter Wing 



Air Force Reserve 



ACC
#### Michelle ILES and Stephanie Iles v. Roger OGDEN, II, Liberty Mutual Insurance Company, Chubb Insurance Company and State Farm Mutual Automobile Insurance Company.

No. 2011-OC-2335.

Supreme Court of Louisiana.

Dec. 2, 2011.

In re lies, Michelle; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Civil District Court Div. K, No. 2004-8768; to the Court of Appeal, Fourth Circuit, No. 2011-CA-0317.

Denied.
Exhibit 10.72
 MEADE INSTRUMENTS CORP.
RESTRICTED STOCK AWARD AGREEMENT
 
 WITNESSETH
    DEFINED TERMS
 GRANT
 VESTING
 CONTINUANCE OF EMPLOYMENT




---



##### 



DIVIDEND AND VOTING RIGHTS
 RESTRICTIONS ON TRANSFER
 STOCK CERTIFICATES
 Book Entry Form
 Certificates to be Held by Corporation; Legend
  Delivery of Certificates upon Vesting
 Stock Power; Power of Attorney
  2




---



##### 



EFFECT OF TERMINATION OF EMPLOYMENT OR SERVICES
 ADJUSTMENTS UPON SPECIFIED EVENTS
 TAX WITHHOLDING
  3




---



##### 



NOTICES
 PLAN
 ENTIRE AGREEMENT
 COUNTERPARTS
 SECTION HEADINGS
 GOVERNING LAW
  4




---



##### 



MEADE INSTRUMENTS CORP., a Delaware corporationBy:Print Name:Its:EMPLOYEE:SignaturePrint Name
  5




---



##### 



CONSENT OF SPOUSE
 
 Dated:  __________________, 20__Signature of SpousePrint Name  6




---



##### 



EXHIBIT A
 STOCK POWER
 
 Dated:  __________________, ____SignaturePrint Name    Exhibit A
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF FIRST INDUSTRIAL, L.P. FOR THE YEAR ENDED DECEMBER 31,
1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                          13,946
<SECURITIES>                                         0
<RECEIVABLES>                                   11,404
<ALLOWANCES>                                   (1,649)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                23,701
<PP&E>                                       2,133,465
<DEPRECIATION>                               (145,435)
<TOTAL-ASSETS>                               2,470,661
<CURRENT-LIABILITIES>                           95,279
<BONDS>                                      1,149,460
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,209,559
<TOTAL-LIABILITY-AND-EQUITY>                 2,470,661
<SALES>                                              0
<TOTAL-REVENUES>                               293,386
<CGS>                                                0
<TOTAL-COSTS>                                 (86,422)
<OTHER-EXPENSES>                              (74,837)
<LOSS-PROVISION>                                   649
<INTEREST-EXPENSE>                            (68,862)
<INCOME-PRETAX>                                 85,998
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             85,998
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                        (719)
<NET-INCOME>                                    85,279
<EPS-PRIMARY>                                     1.33
<EPS-DILUTED>                                     1.32
        

</TABLE>
**Exhibit
32.1**
 
 **Certification
of Periodic Financial Report**
 **Pursuant
to 18 U.S.C. Section 1350**
 
 
 Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, each of the undersigned officers of RC2 Corporation
(the "Company") certifies that the Annual Report on Form 10-K of the Company for
the year ended December 31, 2004 fully complies with the requirements of Section
13(a) of the Securities Exchange Act of 1934 and information contained in that
Form 10-K fairly presents, in all material respects, the financial condition and
results of operations of the Company.
 
 
 
 Dated:
March 4, 2005
 /s/
Curtis W. Stoelting
 Curtis W.
Stoelting
 Chief
Executive Officer
 
 
 
 Dated:
March 4, 2005
 /s/
Jody L. Taylor
 Jody L.
Taylor
 Chief
Financial Officer
 
 
 This
certification is made solely for purpose of 18 U.S.C. Section 1350, subject to
the knowledge standard contained therein, and not for any other
purpose.
<PAGE>

                                  EXHIBIT 32.2


                           C ERTIFICATION 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 of Docucorp International, Inc. (the
"Company") on Form 10-K for the year ended July 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, John H.
Gray, Senior Vice President, Finance and Administration of the Company, certify,
pursuant to 18 U.S.C Section 1350, as adopted pursuant to Section 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 and 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.



/s/ John H. Gray
---------------------------------------
John H. Gray
Senior Vice President, Finance and
Administration
(Principal Financial Officer)
October 29, 2003

                                       24
<PAGE>


                                                                    EXHIBIT 32.1

                            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 Annual Report on Form 10-KSB of OmniComm Systems, Inc.
(the "Company") for the year ended December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, being, Cornelis F. Wit, Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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.


/s/ CORNELIS F. WIT
-------------------------------------------------
Cornelis F. Wit
President, Chief Executive Officer and Director

March 31, 2004