alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gwynn, Snoddy & Co. *v.*Wm. Tinsley et al.

Sheriff — Execution — Failure to Return — Damages.

A plaintiff in an execution is entitled, on motion, to have a judgment for the amount thereof and 30 per cent, damages, where a sheriff fails to return an execution for thirty days after the return day thereof.

- APPEAL FROM KNOX CIRCUIT COURT.

December 20, 1866.

Opinion of the Court by

Judge Peters:

By the notice executed on appellees they are informed that appellants will ask judgment against them for the amount of their debt set forth in the execution against Hunter, and for 30 per cent, damages on the amount thereof for a failure of Tinsley, the sheriff, to return said execution to the proper office in thirty days after the return day thereof.

It appears from the evidence of Eve, that Tinsley, the sheriff, had failed to return said execution within the time prescribed by law, nor do we think the evidence offered by the sheriff furnished a reasonable or sufficient excuse for his failure.

Moreover the amount adjudged appellants according to any *39'calculation we can make was not sufficient to pay them their debt, interest, and costs by at least $10, omitting any damages. Wherefore, the judgment is reversed, and the costs remanded with directions to render judgment in favor of appellants for the true amount of their debt, interest, and costs unpaid, a correct calculation of which will be made from the face of the execution entering the payments as credits at their respective dates, and for SO per cent, damages on the amount collectible on said execution ■and unpaid to appellants, after the expiration of thirty days from the return day thereof, and their costs.

*A. J.*James, *for appellant.*
Exhibit 32.1
 CERTIFICATION OF
 CHIEF EXECUTIVE OFFICER AND
 CHIEF FINANCIAL OFFICER
 PURSUANT TO 18 U.S.C. SECTION 1350
  In connection with the accompanying amended Annual Report on Form 10-K of Cargo Connection Logistics Holding, Inc. for the year ending December 31, 2009, I, Scott Goodman, Chief Executive Officer and Chief Financial Officer of Cargo Connection Logistics Holding, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:
  1. Such yearly Report on Form 10-K for the year ending December 31, 2009, 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 such Annual Report on Form 10-K for the year ended December 31, 2009, fairly represents in all material respects, the financial condition and results of operations of Cargo Connection Logistics Holding, Inc.
  Dated: December 17, 2010
  By:
/s/ Scott Goodman

Scott Goodman

President, Chief Executive Officer,

Chief Financial Officer and Director

(Principal Executive, Accounting and Financial Officer)
FILED

United States Court of Appeals

Tenth Circuit

June 13, 2008

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

JOSIAH STONE,

Plaintiff - Appellant, 

v. 

ADAIR COUNTY DISTRICT

ATTORNEY'S OFFICE; JERRY

MOORE; LARRY LANGLEY;

SHANNON OTTESSON; SHAUNA

DUCH; ELOHIM CITY, INC.; BRUCE

MILLAR; CARLOS SANDOVAL;

FEDERAL BUREAU OF

INVESTIGATION; DOUGLAS

FRANKS; REX EARL STARR;

VICTIMS COMPENSATION BOARD;

DAVID HARTWELL; SARAH

BREEDLOVE; ATTORNEY

GENERAL'S OFFICE; ALISON

CARSON; PHYSICIAN'S CLINIC;

DULOWSKI; BUREAU OF ALCOHOL,

TOBACCO, FIREARMS AND

EXPLOSIVES,

Defendants - Appellees.

No. 09-7093

(D.C. No. 6:09-CV-00098-RAW)

ORDER

The captioned appeal is dismissed for lack of prosecution pursuant to 

10th Cir. R. 42.1.

Appellate Case: 09-7093 Document: 01018349602 Date Filed: 01/15/2010 Page: 1
2

A copy of this order shall stand as and for the mandate of this court.

Entered for the Court

ELISABETH A. SHUMAKER, Clerk

Appellate Case: 09-7093 Document: 01018349602 Date Filed: 01/15/2010 Page: 2
## In the Court of Appeals Second Appellate District of Texas

at Fort Worth

No. 02

- 23

- 00100

- CV

W AYMON H ARTWELL A / K / A S COTT

H ARTWELL

, Appellant

V

.

T HE F UNDWORKS

, LLC

, Appellee §

§

§

§ On Appeal from County Court a t

Law No. 2

of Denton County ( CV

- 2021

- 03523 )

January 4, 2024

Memorandum Opinion by Justice

Bassel

JUDGMENT

This court has consid ered the record on appeal in this case and holds that there

was error in the trial court’s February 14, 2023 order

. It is ordered that the fee

provi si o n spanning pages 5 and 6 of trial court ’s o rder is modified to read:

IT IS FURTHER ORD ERED tha t the Receiver’s fee i s conditionally set

at 25 % o f the funds collected during the receivership, subject to the

De fendant’s written agreement or lat er determination of reasonableness

based on wr itten agreement of the De fendant or proof of the work

p erfo rmed and th e results obta i ned. The court

- approved fee will be taxed as costs against the De fendant , and the Recei ver may c ol lect that

f

ee from the Defendant in addition to the amount collecte d to satisfy the judgment.It is further ordered that the pa ge

- 6 pro vision regarding recover y of costs is

modif ied to read:

IT IS FUR THE R ORDE RED that the Receiver must pro vide an accounting or recei pts of any reas onable and necessary expenses, including those for storage of an y pro per ty seized, to the court. Court

approved expenses will be tax ed as costs against the Defendant , and the Receiver may coll ect t hose expenses fr om the De fendant in additio n t o the amount collected t o satisfy the judgment.

We affirm the t ria l court ’ s o rd er as modified.

It is further ordered that Appellant Waymon Hartwell a/k/a Scott Hartwell

shall pay all costs of this appeal, for which let execution issue.

SECOND DISTRI CT COURT OF APPEALS

By /s/ Dabney Bassel Justice Dabney Bassel
EXHIBIT 32.1



Certification of Chief Executive Officer
Pursuant to 18 U.S.C. Sec. 1350

(Section 906 of the Sarbanes-Oxley
Act of 2002)



Pursuant to 18 U.S.C. Sec. 1350, the undersigned officer of
Sandston Corporation (the "Company") hereby certifies, to such officer's knowledge, that the Company's Quarterly Report
on Form 10-Q for the quarter ended June 30, 2012 (the "Report") fully complies with the requirements of Section 13(a)
or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents,
in all material respects, the financial condition and results of operations of the Company.





|                       |                               |                                      
|---------------------- | ----------------------------- | -------------------------------------
|Date:  August 13, 2012 | /s/ Daniel J. Dorman         
|                       | Name:                         | Daniel J. Dorman                     
|                       | Title:                        | President and Chief Executive Officer
|                       | (Principal Executive Officer)







The foregoing certification (i) accompanies the filing and is
being furnished solely pursuant to 18 U.S.C. Sec. 1350, (ii) will not be deemed "filed" for purposes of Section 18 of
the Securities Exchange Act of 1934, or otherwise subject to the liability of that section, and (iii) will not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933 or the Exchange Act, except to the extent that the small
business issuer specifically incorporates it by reference.



A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the
electronic version of this written statement required by Section 906, has been provided to Sandston Corporation and will be retained
by Sandston Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
##### 



Section 1350 Certification (CEO) Exhibit 32.1 SINA CORPORATION 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 SINA Corporation (the Company) on
Form 10-K/A for the year ended December 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Yan Wang, 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 result of
operations of the Company. /s/ Yan Wang
# Fourth Court of Appeals
San Antonio, Texas

November 1, 2022

No. 04

- 22

- 00072

- CV

JMI CONTRACTORS, LLC

,

Appellant

v.

Jose Manuel MEDELLIN

, Appellee

From the 285th Judic ial District Court

, Bexar County, Texas

Trial Court No. 2018

- CI

- 05983 Honorable Aaron Haas , Judge Presiding



### O R D E R

Appellee’s brief is currently due by November 1, 2022. On October 26, 2022, appellee filed an opposed motion requesting permission to exceed the word limit. After consideration, we grant the motion.

____________________________ _____ Luz Elena D. Chapa, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 1st day of November, 2022

.

______________________ _____________ MICHAEL A. CRUZ

, Clerk of Court
#### L. H. Edrington *v.*J. A. Bracken.

Bills and Notes — Subrogation — Purchase of Equitable Title to Note.

A purchase of the interest of a payee in a note becomes invested with the equitable title to same and is subrogated to the rights of the payee, notwithstanding the note be taken from the payee by a void military order and delivered to the maker, and even though this be done seemingly at the instance of both maker and payee.

APPEAL FROM BALLARD CIRCUIT COURT.

*Anderson,*for Appellant.

*Bigger &*Moss, for Appellee.

June 28, 1867.

Opinion of the Court by

Judge Robertson:

After *Yeiser*had rendered valuable services for the appellant in the appellee’s action against him for trespass the appellee dismissed the action, and the record of dismission seems to present a conclusive bar to any other suit for the same cause of action. His client having thus succeeded in the action, *Yeiser*appears to have been thereby entitled to- the fee of $250 dependent on that condition.

The payment by the appellee to Yeiser of $200 for his interest in the note of $250 vested in the appellee on equitable title. And the taking of the note from *Yeiser*and delivery of it to the appellant by the void military order of General Payne did not deprive the appellee of his equity nor exonerate the appellant even though all this may have been done at the instance of both *Yeiser*and the appellant.

There might be some doubt whether Yeiser was equitably entitled to the whole amount of the note.

He would have accepted $200 from the appellant, who has not shown that he was not entitled to that much.

And, consequently, although the appellee could maintain only an equitable remedy, it seems to us that he had a right to recover from the appellant what he had paid to his use, and ought to be satisfied with a restitution of his money with legal interest thereon, as adjudged by the Circuit Court.

Wherefore, the judgment is affirmed.
#### Jacob Russell’s Admr. *v.*Jacob Russell’s Heirs.

Dower — Mansion-house — Rents and Profits.

The widow is entitled to hold the mansion-house without charge until’ dower is assigned. Whether ’ she occupied the premises or rented them out is not material, and. her right to the rents and profits are clear.

APPEAL PROM SCOTT CIRCUIT COURT.

January 5, 1867.

Opinion op the Court by

Judge Peters:

Jacob Russell at his death owned no real estate except a house and lot in which he resided and which was occupied by his widow for some time after his death; out of the real estate no-dower had been assigned the widow, and the only question presented by this record for our determination is to whom does the-rent of this house and lot go ? To the personal representative of the husband or the widow? *Section*9, *article*4, *chapter*47, *Volume*2, *Revised Statutes, page*26, provides that the wife shall hold the mansion-house and curtilage without charge therefor until-dower is assigned her out of the estate devised or descended. Prom the foregoing provision of the statute it seems to us the *96question is not difficult of solution. The widow was entitled to hold the house and lot, which was the mansion of her husband, until dower was assigned her, and as that was not done, whether she occupied the premises herself or rented them out by herself or agent, was not material; her right to them and the rents or profits was clear. Nor is there any hardship in it. If the representative of her husband and those interested objected to her holding the house and lot, the way to put an end to it was plain •and easy, but as *long*as they delayed assigning her dower in the real estate her right to hold the mansion-house, etc., was secured to her by law, and if they were rented out she was entitled to the rents. ' ; ; • ■ ' i A'j -3$

*J. M. Shephead, for appellant.*

Wherefore, the judgment limiting the right of the widow to the one-third of the $170.10, for which the premises had been rented, is reversed, and the cause is remanded,, with directions to render judgment for $170.10 for appellant and for further proceedings consistent herewith.
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United States Court of Appeals

for the Fifth Circuit

No. 22-10591

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Alfonso Butler, Jr., 

Defendant—Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:22-CR-11-1

Before Stewart, Duncan, and Wilson, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Alfonso Butler, 

Jr., has moved for leave to withdraw and has filed a brief in accordance with 

Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 F.3d 

229 (5th Cir. 2011). Butler has filed a response. To the extent he raises a 

claim of ineffective assistance of counsel, the record is not sufficiently 

* This opinion is not designated for publication. See 5th Cir. R. 47.5.

United States Court of Appeals

Fifth Circuit

FILED

December 7, 2022

Lyle W. Cayce

Clerk

Case: 22-10591 Document: 00516570315 Page: 1 Date Filed: 12/07/2022
No. 22-10591

2

developed to allow us to make a fair evaluation of Butler’s claim; we therefore 

decline to consider the claim without prejudice to collateral review. See 

United States v. Isgar, 739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief and the relevant portions of the 

record reflected therein, as well as Butler’s response. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review. Accordingly, the motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and 

the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

Case: 22-10591 Document: 00516570315 Page: 2 Date Filed: 12/07/2022
Exhibit 32.2

                                  CERTIFICATION

I, Paritosh K. Choksi, Executive Vice President of ATEL Financial Services, LLC,
General  Partner of ATEL Cash  Distribution  Fund V, L.P.  (the  "Partnership"),
certify,  pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, 18 U.S.C.
Section 1350, that:

1. The Quarterly  Report on Form 10-QSB of the Partnership for the quarter ended
March 31, 2004 (the "Report")  fully complies with the  requirements  of Section
13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and

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

Date:
May 11, 2004


/s/ Paritosh K. Choksi
------------------------------
Paritosh K. Choksi
Executive Vice President of General
Partner, Principal Financial Officer of Registrant


A signed  original of this  written  statement  required by Section 906 has been
provided  to the  Partnership  and  will  be  retained  by the  Partnership  and
furnished to the Securities and Exchange Commission or its staff upon request.
EXHIBIT 32.2

                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to 18 U.S.C. ss. 1350, the undersigned officer of Sandston  Corporation
(the  "Company")  hereby  certifies,  to  such  officer's  knowledge,  that  the
Company's  Quarterly  Report  on Form  10-QSB  for the  quarterly  period  ended
September  30, 2004 (the  "Report")  fully  complies  with the  requirements  of
Section 13(a) or 15(d),  as applicable,  of the Securities  Exchange Act of 1934
and that  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:      Principal Financial Officer
Date:       November 12, 2004

The foregoing  certification  (i)  accompanies the filing and is being furnished
solely  pursuant  to 18 U.S.C.  ss.1350,  (ii) will not be  deemed  "filed"  for
purposes of Section 18 of the Exchange Act of 1934, or otherwise  subject to the
liability of that section,  and (iii) will not be deemed to be  incorporated  by
reference  into any filing under the Securities Act of 1933 or the Exchange Act,
except  to the  extent  that  the  registrant  specifically  incorporates  it by
reference.

A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906, has been provided to Sandston  Corporation  and will be
retained by Sandston  Corporation  and furnished to the  Securities and Exchange
Commission or its staff upon request.

                                    Page 14
---

---

Exhibit 32



CERTIFICATION OF
CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

This certification is given by the undersigned Chief Executive Officer and Chief Financial Officer of Venture Financial Group, Inc. (the "Registrant") pursuant to Section 906 of the Sarbanes-Oxley Act of 2003. Each of
the undersigned hereby certifies, with respect to the Registrant's quarterly report of Form 10-Q for the quarter ended March 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), 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 result of operations of the
Registrant.

|/s/ Ken F. Parsons, Sr.Ken F. Parsons, Sr.Chief Executive Officer and Chairman of the Board(principal executive officer)
|------------------------------------------------------------------------------------------------------------------------

|/s/ Sandra L. SagerSandra L. Sager, CPAExecutive Vice President and Chief Financial Officer(principal financial officer and principal accounting officer)
|---------------------------------------------------------------------------------------------------------------------------------------------------------

|May 12, 2006
|------------

---

---
UNITED STATES BANKRUPTCY APPELLATE PANEL

OF THE TENTH CIRCUIT

—————————————————

IN RE HAROLD GREGORY 

CONNELL, JR.,

 Debtor.

__________________________________

VALERIE J. CONNELL,

 Appellant,

 v.

KENNETH A. RUSHTON, Trustee, 

UNITED STATES TRUSTEE, and 

ZIONS FIRST NATIONAL BANK,

 Appellees. 

BAP No. UT-10-026

Bankr. No. 05-39070 

Chapter 7 

ORDER OF DISMISSAL 

August 16, 2010 

—————————————————

On July 30, 2010, this Court entered a Notice of Deficiency and Order to Show 

Cause (“Order”), requiring the Appellant to do the following, or the appeal would be 

dismissed:

File the Appellant’s Opening Brief (Fed. R. Bankr. P. 8009(a)(1)), together 

with an appendix containing excerpts of record (Fed. R. Bankr. P. 8009(b)).

The deadline has expired without any response to the Order.

Accordingly, it is HEREBY ORDERED that this appeal is DISMISSED for failure 

to prosecute. Fed. R. Bankr. P. 8001(a); 10th Cir. BAP L.R. 8018-4(c).

BAP Appeal No. 10-26 Docket No. 14-1 Filed: 08/16/2010 Page: 1 of 2
2

For the Panel: 

Blaine F. Bates, Clerk of Court

By:

Gregory Wright

Deputy Clerk

BAP Appeal No. 10-26 Docket No. 14-1 Filed: 08/16/2010 Page: 2 of 2