alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### William H. Stevens v. William E. Pendleton and Willian D. Morton.

[See 83 Mich. 342.]

*Release of surety*— Directing *verdict,*

On the rehearing of this case, it is held that the court erred in directing a verdict for the defendants.

Error to Wayne. (Hostner, J.)

Argued February 13, 1891.

Decided April 15, 1891.

*Assumpsit.*Plaintiff brings error.

Reversed.

The facts are stated in the opinion, and in 83 Mich. 342.

*Barbov,r & Rexford,*for appellant.

*Dickinson, TImrber & Stevenson,*for defendants.

Per Curiam.

This cause was heard and determined at the last October term, and the judgment below was affirmed. 83 Mich. 342. A motion was made for a rehearing, and upon reargument it appeared that the date of the commencement of the suit, which did not appear in the printed record and briefs, and which we did not take into consideration, had a material bearing upon the effect of certain material testimony upon which the case turned. We were of opinion that, while the *138proceedings to reform the lease were not conclusive as against defendant Morton, yet they were *prima facie*evidence of the mistake, and that the burden was upon Morton to show that the minds of the parties met as to the time of the payment fixed by the lease; and we then held that the testimony of the witnesses Pendleton and Woodruff had fixed the contract date of payment as it was in the lease before its reformation. A careful review of the testimony of these two witnesses, in the light of other facts brought *to our*attention, satisfies us that this testimony was susceptible of a different interpretation from that given to it, and that the question should have been submitted to the determination of the jury.

The court erred, therefore, in directing a verdict for defendants, and the judgment is reversed.
#### Clarke and Another *v.*Hite and Another.

*Tuesday, July*2.

A plea in abatement may be filed after the day for which the cause is docketed, and after it has been called, provided it be filed as soon as the proceedings of the plaintiff and the Court will permit.

A judgment for the plaintiff, on demurrer to a plea in abatement, is only *quod respondeat ouster.*

A plea in abatement of the writ, that at and before the date of the writ, which issued in one county and was directed to the sheriff of another, and ever since, the defendant resided in the county in which the writ issued, is sufficient.

ERROR to the *Floyd*Circuit Court.

Blackford, J.

Debt against *Charles A. Clarke*and *Samuel P.*Applegate, on a promissory note. The cause was docketed for the second day of the term, but was not called until the third day. The writ had been duly served on *Applegate.*There was no return of the writ, however, showing a service on *Clarke.*The plaintiffs introduced parol evidence, tending to show that a writ in the cause had issued in *Floyd*county, without an affidavit, directed to the sheriff of *Harrison*county, and had been duly served upon *Clarke*in the last-named county, but was lost. The Court took time to advise respecting the sufficiency of this evidence, and intimated, on the ninth day of the term, that .the evidence was sufficient to show the issuing, service, and loss of the writ. The defendant, Clarke, thereupon filed a plea in abatement of the writ. The substance of this plea is, that at the date of the writ directed to the sheriff of *Harrison*county, long before, and ever since, the defendant, Clarke, resided in *Floyd*county. There was a general demurrer to the plea, and the demurrer sustained. Final judgment against the defendants.

If the plea in abatement were considered bad, still this judgment would be wrong; for, in that case, a judgment only of *respondeat ouster*should have been rendered against *Clarke.*But the plea is good, and was filed as soon as, under the circumstances, it could be filed.

The facts stated in the plea showed, *prima*facie, that the writ could not be served on *Clarke*in *Harrison*county, and it was therefore not subject to the demurrer. If *Clarice*had fled or removed from *Floyd*county, after the institution of *168the suit, and the plaintiffs had made an affidavit on the subject as required by the statute, those facts should have been replied.

*H. P.*Thornton, for the plaintiffs.

*li. Crawford,*for the defendants.

Dewey, J.,

having been concerned as counsel, was absent.

*Per Curiam.*

The judgment is reversed, and the proceedings subsequent to the demurrer to the plea in abatement set aside, with costs. Cause remanded, &c.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM DECEMBER 31,
1997 FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1998             JUN-30-1998
<PERIOD-START>                             OCT-01-1997             JUL-01-1997
<PERIOD-END>                               DEC-31-1997             DEC-31-1997
<CASH>                                          16,189                  16,189
<SECURITIES>                                    16,900                  16,900
<RECEIVABLES>                                   16,372                  16,372
<ALLOWANCES>                                    (1,544)                 (1,544)
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                75,452                  75,452
<PP&E>                                          29,840                  29,840
<DEPRECIATION>                                 (12,127)                (12,127)
<TOTAL-ASSETS>                                  97,224                  97,224
<CURRENT-LIABILITIES>                           19,296                  19,296
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        84,710                  84,710
<OTHER-SE>                                      (7,712)                 (7,712)
<TOTAL-LIABILITY-AND-EQUITY>                    97,224                  97,224
<SALES>                                              0                       0
<TOTAL-REVENUES>                                15,474                  22,877
<CGS>                                            7,131                  12,521
<TOTAL-COSTS>                                   22,010                  40,061
<OTHER-EXPENSES>                                  (337)                   (852)
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                 (6,199)                (16,332)
<INCOME-TAX>                                    (2,178)                 (5,501)
<INCOME-CONTINUING>                             (4,021)                (10,831)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                    (4,021)                (10,831)
<EPS-PRIMARY>                                    (0.12)                  (0.33)
<EPS-DILUTED>                                    (0.12)                  (0.33)
        
 

</TABLE>
EXHIBIT
      32.0




CERTIFICATION
      OF PRESIDENT, CEO (PRINCIPAL EXECUTIVE OFFICER) AND


PRINCIPAL
      FINANCIAL OFFICER 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 Quarterly Report on Form 10-QSB of Sandston Corporation
      (the
      "Company") for the quarter ended June 30, 2007, as filed with the Securities
      and
      Exchange Commission on the date hereof (the "Report"), Daniel J. Dorman, as
      President, CEO and Principal Financial Officer of the Company, 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 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.








/s/
      Daniel J. Dorman


Name:  Daniel
      J.
      Dorman


Title:  President,
      CEO (Principal Executive Officer) and Principal Financial Officer


Date:  August
      9,
      2007






This
      certification accompanies the Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
      the
      Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended.




Page
          13
#### Burnham *v.*Pettit.—In error.

*Friday, January*18, 1839.

DEBT before a justice of the peace. Cause of action, a note for 12 dollars and a half. The justice gave judgment for the defendant. The plaintiff appealed to the Circuit Court. In the Circuit Court, the suit was dismissed on the ground that the justice had no jurisdiction. Plaintiff helow was plaintiff in .error. Held, that the Supreme Court had no jurisdiction — the amouiit in controversy, exclusive of interest and costs, being less than 20 dollars. *Thurman*v. Hammond, ante, p. 66.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1920 Introduced in Senate (IS)]

<DOC>
108th CONGRESS
  1st Session
                                S. 1920

 To extend for 6 months the period for which chapter 12 of title 11 of 
                  the United States Code is reenacted.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2003

Mr. Grassley (for himself and Mr. Leahy) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To extend for 6 months the period for which chapter 12 of title 11 of 
                  the United States Code is reenacted.

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

SECTION 1. SIX-MONTH EXTENSION OF PERIOD FOR WHICH CHAPTER 12 OF TITLE 
              11, UNITED STATES CODE IS REENACTED.

    (a) Amendments.--Section 149 of title I of division C of Public Law 
10509277 (11 U.S.C. 1201 note) is amended--
            (1) by striking ``January 1, 2004'' each place it appears 
        and inserting ``July 1, 2004''; and
            (2) in subsection (a)--
                    (A) by striking ``June 30, 2003'' and inserting 
                ``December 31, 2003''; and
                    (B) by striking ``July 1, 2003'' and inserting 
                ``January 1, 2004''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on January 1, 2004.
```
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 481 Engrossed in House (EH)]

<DOC>
H. Res. 481

                In the House of Representatives, U. S.,

                                                         July 28, 2017.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider in the House the bill (H.R. 3180) to authorize appropriations for 
fiscal year 2018 for intelligence and intelligence-related activities of the 
United States Government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for other purposes. 
All points of order against consideration of the bill are waived. The amendment 
in the nature of a substitute recommended by the Permanent Select Committee on 
Intelligence now printed in the bill shall be considered as adopted. The bill, 
as amended, shall be considered as read. All points of order against provisions 
in the bill, as amended, are waived. The previous question shall be considered 
as ordered on the bill, as amended, and on any further amendment thereto, to 
final passage without intervening motion except: (1) one hour of debate equally 
divided and controlled by the chair and ranking minority member of the Permanent 
Select Committee on Intelligence; and (2) one motion to recommit with or without 
instructions.
    Sec. 2.  The requirement of clause 6(a) of rule XIII for a two-thirds vote 
to consider a report from the Committee on Rules on the same day it is presented 
to the House is waived with respect to any resolution reported through the 
legislative day of August 1, 2017.
    Sec. 3.  On any legislative day during the period from July 31, 2017, 
through September 4, 2017--
     (a) the Journal of the proceedings of the previous day shall be considered 
as approved; and
    (b) the Chair may at any time declare the House adjourned to meet at a date 
and time, within the limits of clause 4, section 5, article I of the 
Constitution, to be announced by the Chair in declaring the adjournment.
    Sec. 4.  The Speaker may appoint Members to perform the duties of the Chair 
for the duration of the period addressed by section 3 of this resolution as 
though under clause 8(a) of rule I.
    Sec. 5.  Each day during the period addressed by section 3 of this 
resolution shall not constitute a calendar day for purposes of section 7 of the 
War Powers Resolution (50 U.S.C. 1546).
    Sec. 6.  Each day during the period addressed by section 3 of this 
resolution shall not constitute a legislative day for purposes of clause 7 of 
rule XIII.
    Sec. 7.  Each day during the period addressed by section 3 of this 
resolution shall not constitute a calendar or legislative day for purposes of 
clause 7(c)(1) of rule XXII.
            Attest:

                                                                          Clerk.
```
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   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 HFB Financial Corporation (the
"Company") on Form 10-QSB for the three-month period ended June 30, 2003 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Stanley Alexander, Jr., Chief Financial Officer of the Company,
certify, to the best of my knowledge, 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.
A signed original of this written statement required by Section 906 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.
         August 11, 2003                    /s/ Stanley Alexander, Jr.
                                            ------------------------------------
                                            Stanley Alexander, Jr.
                                            Chief Financial Officer




                                       19
**Exhibit 3.2.1**
AMENDMENT TO BYLAWS
(Effective as of August 1, 2001)
Section 5. Office of the Chairman. The Office of theChairman shall consist of such persons as may beappointed by the Board of Directors. The members ofthe Office of the Chairman shall have such titles,rank, powers and duties as from time to time may beassigned to them by the Board of Directors. From timeto time, the Board of Directors shall appoint onemember of the Office of the Chairman to hold thosepowers and perform those duties to be held orperformed by the Chairman of the Board under theseBylaws, or shall allocate such powers and duties amongone or more members of the Office of the Chairman.
14
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  Quarterly  Report on Form 10-Q of WNC  California
Housing Tax Credits III, L.P. (the "Partnership") for the period ended September
30, 2007 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"),  and pursuant to 18 U.S.C., section 1350, as adopted pursuant to
section  906 of the  Sarbanes-Oxley  Act of 2002,  I,  Wilfred N.  Cooper,  Jr.,
President and Chief Executive Officer of WNC & Associates, Inc., general partner
of the Partnership, hereby certify that:

1.   The Report fully complies with the  requirements  of section 13(a) or 15(d)
     of the  Securities  Exchange  Act of 1934,  except to the extent  that such
     provisions require the audit report of Local Limited Partnership  financial
     statements  to  refer  to the  auditing  standards  of the  Public  Company
     Accounting   Oversight  Board  for  the   Partnership's   annual  financial
     statements; and

2.   The information  contained in the Report fairly  presents,  in all material
     respects,   the  financial  condition  and  result  of  operations  of  the
     Partnership.




/s/WILFRED N. COOPER, JR.
-------------------------
Wilfred N. Cooper, Jr.
President and Chief Executive Officer of WNC & Associates, Inc.

September 23, 2008
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                          11,292
<INT-BEARING-DEPOSITS>                           5,087
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     13,042
<INVESTMENTS-CARRYING>                           1,914
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        181,853
<ALLOWANCE>                                      2,023
<TOTAL-ASSETS>                                 233,357
<DEPOSITS>                                     202,213
<SHORT-TERM>                                     3,000
<LIABILITIES-OTHER>                              1,252
<LONG-TERM>                                      1,372
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,947
<OTHER-SE>                                      20,573
<TOTAL-LIABILITIES-AND-EQUITY>                 233,357
<INTEREST-LOAN>                                  8,852
<INTEREST-INVEST>                                  593
<INTEREST-OTHER>                                    66
<INTEREST-TOTAL>                                 9,511
<INTEREST-DEPOSIT>                               3,408
<INTEREST-EXPENSE>                               3,469
<INTEREST-INCOME-NET>                            6,042
<LOAN-LOSSES>                                      250
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  6,202
<INCOME-PRETAX>                                    878
<INCOME-PRE-EXTRAORDINARY>                         878
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       629
<EPS-PRIMARY>                                      .32
<EPS-DILUTED>                                      .31
<YIELD-ACTUAL>                                   10.18
<LOANS-NON>                                      2,455
<LOANS-PAST>                                     3,972
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 1,420
<CHARGE-OFFS>                                      125
<RECOVERIES>                                         9
<ALLOWANCE-CLOSE>                                2,023
<ALLOWANCE-DOMESTIC>                             2,023
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

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


<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          27,488
<SECURITIES>                                         0
<RECEIVABLES>                                2,995,525
<ALLOWANCES>                                   100,000
<INVENTORY>                                  4,012,079
<CURRENT-ASSETS>                             7,477,053
<PP&E>                                       1,853,011
<DEPRECIATION>                               1,099,700
<TOTAL-ASSETS>                              10,406,206
<CURRENT-LIABILITIES>                        3,850,358
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        57,504
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                10,406,206
<SALES>                                      5,237,197
<TOTAL-REVENUES>                             5,237,197
<CGS>                                        3,326,747
<TOTAL-COSTS>                                1,703,585
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              40,027
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                    18,428
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   148,410
<EPS-BASIC>                                        .03
<EPS-DILUTED>                                      .02



</TABLE>