alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Rhoda Watts, Etc., *v.*Isaac Whittington’s Exrs.

Exceptions to Depositions Waved.

The appellant having failed to except at the time to the decision- of the court, sustaining exceptions to the deposition, must he taken to have waved the objection.

Same — Deposition in Another Case.

There does not appear to have been such identity of parties, subject-matter, and issues in that suit and this action as would authorize the reading of testimony taken in the former ease as evidence in this.

Same — Interested Witness,

A defendant is not a competent witness for his codefendant where they are both interested in the issue raised by their joint answer.

APPEAL EROM WOODEORD CIRCUIT COURT.

December 6, 1866.

Opinion oe the Court by

Judge Hardin:

If, as contended for the appellants, the Circuit Court erred in sustaining the exceptions of the appellee to the deposition of E. S. Taylor, the appellants having failed to except at the time to the decision must be taken to bave waived the objection, and although the appellants excepted to this ruling after the trial and final judgment against them, as the record shows, it cannot in this form be regarded in this court.

We do not perceive that the court erred in refusing to allow the appellants to read to the jury the portion of the deposition of the appellant Watts offered in evidence, taken in the suit of Heams *v.*Whittington. Besides the grave objection arising from the direct interest of the witness in the fact bis deposition tended to establish, there does not appear to bave been such identity of parties, subject-matter, and issue in said suit and this action as to authorize the reading of testimony taken in the former case as evidence in this, according to any authority of which we are aware.

Nor is there any valid objection, as we think, to tbe refusal of tbe court to permit tbe appellant Whittington to examine bis co-defendant Watts as a witness. They were parties to tbe same issues presented by a pleading purporting to be, and filed as, tbe *7joint answer of themselves and Bhody Watts, without objection ■on the part of either of them, and Watts was, therefore, incompetent to testify in behalf of his codefendant. Civil Code, § 670.

*Porter & Greathouse, for appellees.*

It does not appear to us from the record that there was any evidence before the jury conducing to prove either ground of defense relied on by the defendants or either of them, and it seems to us, -therefore, the court properly instructed the jury peremptorily to find for the plaintiff.

Wherefore, perceiving no error in the judgment, the same is ¿affirmed with damages.
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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









The
undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to
their knowledge, the Quarterly Report on Form 10-Q for the quarterly period
ended June 28, 2009 of Sport Chalet, Inc. (the "Company") fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, as amended, and that the information contained in such periodic report
fairly presents, in all material respects, the financial condition and results
of operations of the Company as of, and for, the periods presented in such
report.






Date:                      August
7, 2009






By:
                  /s/ Craig
      LevraChairman
      of the Board,Chief
      Executive Officer and President




By:
                    /s/ Howard
      K. KaminskyExecutive
      Vice President-Finance,Chief
      Financial Officer and Secretary







A signed
original of this written statement required by Section 906 has been provided to
Sport Chalet, Inc. and will be furnished to the Securities and Exchange
Commission or its staff upon request.






28
EXHIBIT 32-2

                            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 December
31, 2004 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,  Thomas  J.  Riha,  Chief
Financial  Officer of WNC &  Associates,  Inc.,  general  partner of the general
partner of the  Partnership,  hereby  certify  that  hereby  certify  that to my
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  result  of  operations  of  the
     Partnership.




/s/THOMAS J. RIHA
-----------------
Thomas J. Riha
Chief Financial Officer of WNC & Associates, Inc.

January 25, 2005
UNITED STATES BANKRUPTCY APPELLATE PANEL 

OF THE TENTH CIRCUIT 

————————————————— 

IN RE PETER WOODMAN, formerly 

doing business as Clear Image Paint, 

formerly doing business as Concept 

Construction/Aspen Hills, and CYNTHIA 

M. WOODMAN, also known as Cynthia 

Marie Woodman, also known as Cyndy 

Woodman, 

 Debtors. 

__________________________________ 

PETER WOODMAN, 

 Plaintiff-Counter-Defendant - 

Appellant, 

 v. 

ASPEN HILLS PROPERTIES, LLC, 

CONCEPT 1000, INC., a Utah 

Corporation, CONCEPT 

CONSTRUCTION, LLC, MICHAEL 

HATCH, JERRY HATCH, DAN 

BOWEN, and BRUCE JEPPSEN, 

 Defendant-CounterClaimants - Appellees, 

 and 

DOES 1-50, 

 Defendant - Appellee. 

BAP No. UT-10-002 

Bankr. No. 08-24914 

Adv. No. 08-02254 

Chapter 7 

ORDER OF DISMISSAL 

February 5, 2010 

BAP Appeal No. 10-2 Docket No. 9-1 Filed: 02/05/2010 Page: 1 of 2
————————————————— 

On January 21, 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 a Statement of Interested Parties. 10th Cir. BAP L.R. 8018-3. 

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. 

 For the Panel: 

Barbara A. Schermerhorn, Clerk of Court 

 By: Laura Guice 

 

 Attorney Deputy Clerk 

2

BAP Appeal No. 10-2 Docket No. 9-1 Filed: 02/05/2010 Page: 2 of 2
Exhibit 32.2




CERTIFICATIONS PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)




In connection with the Annual Report of UNR Holdings, Inc., a Colorado corporation (the “Company”), on Form 10-K/A for the fiscal year ended December 31, 2009, as filed with the Securities and Exchange Commission (the “Report”), Iuriy Vladimirivich Shevchenko, Chief Financial Officer of the Company, does hereby certify, pursuant to § 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. § 1350), that to 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/ Iuriy Vladimirovich ShevchenkoIuriy Vladimirivich Shevchenko

Chief Financial Officer

May 20, 2010






[A signed original of this written statement required by Section 906 has been provided to UNR Holdings, Inc. and will be retained by UNR Holdings, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.]
Exhibit 31.1

CERTIFICATIONS*

I, Michael Bruce Hall, certify that;

1.             I have reviewed this annual report on Form 10-KSB ofMas Acquisition XIX Corp.

2.             Based on my knowledge, this annual report does notcontain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to the period covered by this annualreport;

3.             Based on my knowledge, the financial statements, andother financial information included in this annual report, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, the periods presented in this annual report;

4.             The registrant's other certifying officer and I areresponsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and15d-14) for the registrant and have:

a)             designed such disclosure controls and procedures toensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this annual report is being prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to thefiling date of this annual report (the "Evaluation Date"); and

c) presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based onour evaluation as of the Evaluation Date;

5.             The registrant's other certifying officers and I havedisclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board ofdirectors (or persons performing the equivalent functions):

a)             all significant deficiencies in the design oroperation of internal controls which could adversely affect the registrant's ability to record, process, summarize and reportfinancial data and have identified for the registrant's auditors any material weaknesses in internal controls; and

b)            any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant's internal controls; and

6.             The registrant's other certifying officers and I haveindicated in this annual report whether or not there were significant changes in internal controls or in other facts that couldsignificantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions withregard to significant deficiencies and material weaknesses.

Date:  October 28, 2004

/s/ Michael Bruce Hall    Michael Bruce Hall, Chief Executive Officer, Chief Financial Officer,    President and Director

*Provide a separate certification for each principal executive officer and principal financial officer of the registrant. See Rules 13a-14 and 15d-14.  The required certification must be in the exact form set forth above.
[Federal Register Volume 75, Number 212 (Wednesday, November 3, 2010)]
[Notices]
[Page 67696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27717]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Membership of the Performance Review Board

AGENCY: Defense Finance and Accounting Service, DoD.

ACTION: Notice.

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

SUMMARY: This notice announces the appointment of the members of the 
Performance Review Board (PRB) of the Defense Finance and Accounting 
Service (DFAS). The publication of PRB membership is required by 5 
U.S.C. 4314(C)(4).
    The PRB provides fair and impartial review of Senior Executive 
Service performance appraisals and makes recommendations regarding 
performance ratings and performance scores to the Director, DFAS.

DATES: Effective Date: November 15, 2010.

FOR FURTHER INFORMATION CONTACT: Denise Thornburg, DFAS SES Program 
Manager, Defense Finance and Accounting Service, Arlington, Virginia, 
(303) 337-3288.

SUPPLEMENTARY INFORMATION: In accordance with 5 U.S.C. 4314(C)(4), the 
following executives are appointed to the DFAS PRB:

    Richard Gustafson, Steve Turner, and Nancy Zmyslinski:
    Executives listed will serve a one-year renewable term, 
effective November 15, 2010.

    Dated: October 28, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-27717 Filed 11-2-10; 8:45 am]
BILLING CODE 5001-06-P
OFFICE OF THE AlTORNEY GENERAL OF TEXAS
**AUSTIN**wlthln the maw of the tern thert knowing the ‘Bcrm4to huvo been 60 aoguired, shall ba punishedin the mae mumor as if he had etolen$ha prapsrtyo* h&lole 1481 of tha ~Ponal 30% of Toxaae

prOvld6sr Vhcft of property

of the onluc of fifty. dollar8

or over stillbrr puninhad b aonfinesunt la+!10 genltantlary nQt loss t-al two 5:

nor mom than ten yaar5." The offeneo

of theft of property nnd reoeivinaj or oonoealing

the aam property

are entirely

separate

and dietinot

offtanaoer

Kaufnen

V. state 70 Cr. R@ 4.38 I.59 S. 74 58; C1ark.v.

Stata,0l Cr. !L 157, 194 .1* v* &37* Snidar ve Btato,119 Cr. R, 635, 44 8. :'i. (26) 997. To oonetitute

the offense

of reoeivIng

or oonoeal%ng

stolen whom the property

was stolen property,

it 'is not nooeoaarg

that the defendant

know frcn Thn ~avamen of the offense le the re0ei~I.W

and oonooal& of the pro ertyknowingit to have been~OtolenrPannoll v, Gtnto,L Cr. iL 516, 51

-1 8, T4 (Ihi)

39&

~e..asame

frcnn your letterthat Carver rooalwd all Of the m+~ul'y, whioh 18 valuedin 5X0986 of $60.00, all the mine tlner The ag;FISagate value of t!-t;o

stolenprapertyreoslwd or ooni!ssZed detorminos

the gradeof the ofDrussall

V* mite, a65 8, ':;. 164. The fact that ~%&vxary *cuti

stolen frors two scparote

lsaaesand that t&a leasas

were omed by two ao;?mate peroons,

Boosnot reduoetha pradeof the offsnaer Theft of property of tbo ~rrlue of #50400ox more is credo 8 felony,

and reoeivim or ~onooallng

etolonproperty of tha vnI.u.uo of ,550.CO

or store la 1lfCowlse

made o felo!3$

. Artialea

14131 an& 1430 Of the PfnlRl code. ]ta vle~ of Lho fore ?oFas, nuth@tlN, gOU arta roerpeatfully

advlaadthat is 8 %..a opinion

cf thie departk 2, mont that If &arwr reoelvedall of the mrdltr valuedat #50,00or mm, in the ~&m trmeaot on* kmmin& P whioh it3 it to hma been stolen, ha shouldbe proaaouted for a f@lOnF. rzqsting t&%the foroeoing satlsfnotC&Ly dlaposasl 4 D. !?ux e DQVif36 im3intant
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
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Registrant.
  BY:
    /s/ Terry E. MichaelsonTerry E. MichaelsonChief Executive Officer
(Principal Executive Officer)BY:
    /s/ Mark D. MorelandMark D. MorelandChief Financial Officer
and Treasurer
(Principal Financial Officer)
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Page 6402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2768]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Advisory Council for the Elimination of Tuberculosis (ACET)

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC), announces the following meeting of the aforementioned 
committee:

    Times and Dates: 8:30 a.m.-5:30 p.m., March 2, 2010. 8:30 a.m.-
2:30 p.m., March 3, 2010.
    Place: CDC, Corporate Square, Building 8, 1st Floor Conference 
Room, Atlanta, Georgia 30333, telephone (404) 639-8317.
    Status: Open to the public, limited only by the space available. 
The meeting room accommodates approximately 100 people.
    Purpose: This council advises and makes recommendations to the 
Secretary of Health and Human Services, the Assistant Secretary for 
Health, and the Director, CDC, regarding the elimination of 
tuberculosis. Specifically, the Council makes recommendations 
regarding policies, strategies, objectives, and priorities; 
addresses the development and application of new technologies; and 
reviews the extent to which progress has been made toward 
eliminating tuberculosis.
    Matters To Be Discussed: Agenda items include issues pertaining 
to regionalization of tuberculosis care; the role of genetics in 
tuberculosis; tuberculosis control updates from the U.S. affiliated 
Pacific Islands; tuberculosis research updates; and other related 
tuberculosis issues.
    Agenda items are subject to change as priorities dictate.
    For More Information Contact: Margie Scott-Cseh, CDC, 1600 
Clifton Road, NE., Mail Stop E-07, Atlanta, Georgia 30333, telephone 
(404) 639-8317.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register Notices pertaining 
to announcements of meetings and other committee management 
activities, for both CDC and the Agency for Toxic Substances and 
Disease Registry.

    Dated: February 1, 2010.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
[FR Doc. 2010-2768 Filed 2-8-10; 8:45 am]
BILLING CODE 4163-18-P
#### Vance *v.*The Inhabitants of Congressional Township, &c.

*Monday, November 25.*

In trespass for mesne profits after judgment in ejectment, the defendant, to prevent a recovery of profits that accrued before service of the declaration in ejectment, may prove that he had not occupied the premises before such service.

ERROR to the *Montgomery*Circuit Court.

Blackford, J.

— The inhabitants of a congressional township, after a recovery in ejectment against the defendant, brought an action of trespass against him.for the mesne profits. Plea, not guilty. Verdict and judgment for the plaintiffs.

It appears by a bill of exceptions, that after the plaintiffs had introduced the record of recovery in ejectment, showing that the demise in the declaration in ejectment was laid on the first of January, 1841, and that after the plaintiffs had proved the rents and profits of the premises to be worth 200 dollars from January, 1841, to March, 1842, and before the defendant had closed his testimony to the jury, the defendant offered witnesses to prove that he was not in the actual possession of the premises up to and until the time of the acknowledgment of service of the declaration in ejectment.

This evidence was objected to and rejected. This bill of exceptions shows, that the plaintiffs were endeavouring to recover the mesne profits from the date of the demise to the time when service of the declaration in ejectment was acknowledged. It was for the defendant to prevent such recovery if he could, and he had a right, for that purpose, to introduce the evidence he offered, which tended to prove that the defendant had not occupied the premises before service of the declaration in ejectment.

It is to be observed with respect to this action, that the plaintiff can only recover damages for the time the defend*242ant has actually occupied the premises or been in the receipt of the rents and profits ; and that though, in such action, the judgment in ejectment is conclusive evidence of the plaintiff’s tide from the date of the demise laid, it is no evidence of the defendant’s occupation previously to the service of the declaration in ejectment. *Dodwell*v. Gibbs, 2 Carr. & Payne, 615.—Adams on Ejectment, 390.

*R. C.*Gregory, for the plaintiff.

*A. Ingram*and R. Jones, for the defendants.

*Per Curiam.*

— The judgment is reversed with costs. Cause remanded, &c.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT SEPTEMBER 30, 1999 (UNAUDITED) AND THE STATEMENT OF OPERATIONS FOR THE
QUARTERLY PERIOD ENDED SEPTEMBER 30, 1999 (UNAUDITED) AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS INCLUDED AS PART OF ITS
QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD SEPTEMBER 30, 1999
</LEGEND>

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