alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James A. Turner *v.*Cyrus Alley.

Attachment — Improper Levy Wo Defense to Action.

An improper levy by the sheriff on realty owned by a defendant instead of on his personal property, is no defense to an attachment suit. The remedy of the party aggrevied is against the sheriff for making an improper levy.

APPEAL EROM MORGAN CIRCUIT COURT.

June 26, 1868.

*253
      *Major*& Rodman, *for appellee.*

Opinion oe ti-ie Court by

Judge Williams:

Alley sued out an attachment against the estate of Turner on a debt due of $200, which the sheriff levied upon a house and lot in West Liberty.

Judgment went by default upon the debt, but the attachment was continued. At the succeeding term of the court, Turner put in an answer, in which he stated the consideration of the notes to be purchase price for some lots in Morehead, but his defense was that the sheriff levied on realty, when he was the owner of sufficient personalty to satisfy the debt, which must have been known to the plaintiff and the sheriff, but he does not say they really knew of it or where it was, and the fact that he was so acting as to authorize an attachment, which fact he does not controvert, raises the presumption that the sheriff did not know of it, at least he never tendered any personalty in discharge of the levy upon the realty, and his subsequent total insolvency, as shown in the case of other attaching creditors, having exhausted his estate without entire satisfaction of their claims, still fortifies this presumption, but if this were not so, we apprehend his remedy would be against the sheriff for making an improper levy and is no defense to the attachment, which secured a lien upon his personal and real estate. It is not really a defense to the attachment but a complaint as to the levy.

This appeal is by Turner against Alley, therefore no question of priorities as to the other attaching creditors can be considered, nor does Turner in his answer, nor any other paper in the cause set out that Alley had a lien upon the lots in Morehead. Every sale of land does not necessarily' retain ■ a lien, or this may be waived afterwards, but even if there was a lien this was no defense to his attachments, perhaps in equity the other attaching creditors could have compelled Alley to first exhaust this lien before resorting to the attached funds but they took no such steps. The court correctly adjudged a sale of the house and lot for Alley’s benefit, wherefore the judgment is affirmed without damages, it not having been suspended.
ASTRONAUT STEPHANIE WILSON

Color the squares that correspond to the underlined

words in the facts about astronaut Stephanie Wilson.

Use the letters in the remaining squares to fill in the blank.

D B O S T O N I

E N G I N E E R

I N G S H A R V

A R D C T E X A

S S N O W O M U

S I C S T A M P

S V A R T E M I

S M O O N E S P

A C E S H U T T

L E R D A Y S Y

Stephanie Wilson grew up in Massachusetts. She was born in Boston. 

She studied engineering at Harvard and the University of Texas. 

She likes to snow ski, listen to music, collect stamps and travel to new places.

Stephanie is part of the Artemis team that is working

to send the first woman and next man to the Moon.

Stephanie has fl own on three space shuttle missions. 

She has spent more than 42 days in space.

Stephanie fl ew on the same space shuttle for all three

missions. Using the letters left in the grid above,

can you guess the name of the space shuttle?

_____ _____ _____ _____ _____ _____ _____ _____ _____ 

Learn more about Stephanie Wilson at https://go.nasa.gov/36VHmCP.
July 15, 2014

JUDGMENT

The Fourteenth Court of Appeals

MARK LUCAS, Appellant

NO. 14-14-00300-CV V.

OWEN KRATZ, JOHN V. LOVOI, T. WILLIAM PROTER, III, NANCY K. 

QUINN, WILLIAM L. TRANSIER, JAMES A. WATT, ANTHONY TRIPODO, 

BART H. HEIJERMANS, ALISA B. JOHNSON, GORDON F. AHALT, 

BERNARD DUROC-DANNER, AND MERIDIAN CONSULTING, Appellees

________________________________

Today the Court heard appellant's motion to dismiss the appeal from the 

judgment signed by the court below on March 18, 2014. Having considered the 

motion and found it meritorious, we order the appeal DISMISSED.

We further order that all costs incurred by reason of this appeal be paid by 

appellant, Mark Lucas.

We further order that mandate be issued immediately.

We further order this decision certified below for observance.
UNITED STATES DISTRICT COURT 

FOR THE 

DISTRICT OF ARIZONA 

Murphy Trammell, 

Plaintiff, 

v. 

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc., 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

MDL Case No. 2:15-md-02641-DGC 

Civil Action No. CV-17-04007-PHX-DGC 

WAIVER OF THE SERVICE OF SUMMONS 

To: Marc J Bern & Partners LLP 

(Name of plaintiff’s attorney or unrepresented plaintiff) 

I have received your request to waive service of a summons in this action along with a copy of the complaint, two 

copies of this waiver form, and a prepaid means of returning one signed copy of the form to you. 

I, or the entity I represent, agree to save the expense of serving a summons and complaint in this case. 

I understand that I, or the entity I represent, will keep all defenses or objections to the lawsuit, the court’s 

jurisdiction, and the venue of the action, but that I waive any objections to the absence of a summons or of service. 

I also understand that I, or the entity I represent, must file and serve an answer or a motion under Rule 12 within 

60 days from 11/1/2017, the date when this request was sent (or 90 days if it was sent outside the United States). If I fail 

to do so, a default judgment will be entered against me or the entity I represent. 

Date: November 6, 2017 /s/ Richard B. North, Jr. 

Signature of the attorney or unrepresented party 

C. R. Bard, Inc. and Bard Peripheral 

Vascular, Inc.

Printed name of parties waiving service of 

summons 

Richard B. North, Jr. (Ga. Bar No. 545599) 

Printed Name 

Nelson Mullins Riley & Scarborough, LLP 

201 17th St., NW, Suite 1700, Atlantic Station, Atlanta, GA 30363 

Address 

richard.north@nelsonmullins.com 

E-mail Address 

(404) 322-6155 

Telephone number 

Duty to Avoid Unnecessary Expenses of Serving a Summons

Rule 4 of the Federal Rules of Civil Procedure requires certain defendants to cooperate in saving unnecessary expenses of serving a 

summons and complaint. A defendant who is located in the United States and who fails to return a signed waiver of service requested by a plaintiff 

located in the United States will be required to pay the expenses of service, unless the defendant shows good cause for the failure. 

Case 2:15-md-02641-DGC Document 8778 Filed 11/10/17 Page 1 of 2
2

“Good cause” does not include a belief that the lawsuit is groundless, or that it has been brought in an improper venue, or that the court has 

no jurisdiction over this matter or over the defendant or the defendant’s property. 

If the waiver is signed and returned, you can still make these and all other defenses and objections, but you cannot object to the absence of 

a summons or of service. 

If you waive service, then you must, within the time specified on the waiver form, serve an answer or a motion under Rule 12 on the 

plaintiff and file a copy with the court. By signing and returning the waiver form, you are allowed more time to respond than if a summons had been 

served.

Case 2:15-md-02641-DGC Document 8778 Filed 11/10/17 Page 2 of 2
Exhibit 32
                    CERTIFICATION PURSUANT TO
                         18 U.S.C. 1350,
                     AS ADOPTED PURSUANT TO
          SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of AEI Net Lease Income &
Growth Fund XX Limited Partnership (the "Partnership") on Form 10-
Q  for  the  period ended September 30, 2010, as filed  with  the
Securities  and  Exchange  Commission on  the  date  hereof  (the
"Report"), the undersigned, Robert P. Johnson, President  of  AEI
Fund  Management XX, Inc., the Managing General  Partner  of  the
Partnership, and Patrick W. Keene, Chief Financial Officer of AEI
Fund  Management XX, Inc., each certify, pursuant  to  18  U.S.C.
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 Partnership.


                          /s/ ROBERT P JOHNSON
                              Robert P. Johnson, President
                              AEI Fund Management XX, Inc.
                              Managing General Partner
                              November 10, 2010



                          /s/ PATRICK W KEENE
                              Patrick W. Keene, Chief Financial Officer
                              AEI Fund Management XX, Inc.
                              Managing General Partner
                              November 10, 2010
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II. Miscellaneous Provisions.     1. In order to induce the Lenders to enter into this Fourth Amendment, the Borrower herebyrepresents and warrants that other than with respect to a Default or Event of Default which mayhave occurred under Section 10.07 of the Credit Agreement (which Default or Event of Default iscured by this Fourth Amendment), (i) no Default or Event of Default exists as of the FourthAmendment Effective Date (as defined herein) before giving effect to this Fourth Amendment, (ii) noDefault or Event of Default exists as of the Fourth Amendment Effective Date (as defined herein)after giving effect to this Fourth Amendment and (iii) all of the representations and warrantiescontained in the Credit Agreement or the other Credit Documents are true and correct in allmaterial respects on the Fourth Amendment Effective Date both before and after giving effect tothis Fourth Amendment, with the same effect as though such representations and warranties had beenmade on and as of the Fourth Amendment Effective Date (it being understood that any representationor warranty made as of a specific date shall be true and correct in all material respects as ofsuch specific date).     2. The Credit Agreement is modified only by the express provisions of this Fourth Amendmentand this Fourth Amendment shall not constitute a modification, acceptance or waiver of any otherprovision of the Credit Agreement or any other Credit Document except as specifically set forthherein.     3. This Fourth Amendment may be executed in any number of counterparts and by the differentparties hereto on separate counterparts, each of which counterparts when executed and deliveredshall be an original, but all of which shall together constitute one and the same instrument. Acomplete set of counterparts shall be lodged with the Borrower and the Administrative Agent.     **4. THIS FOURTH AMENDMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL BECONSTRUED IN ACCORDANCE WITH AND GOVERNED BY THE LAWS OF THE STATE OF NEW YORK.**     5. This Fourth Amendment shall become effective on the Amendment Date (and the amendments andother modifications set forth herein shall apply retroactively as of the Fourth AmendmentEffective Date) when the Borrower, each other Credit Party and the Required Lenders shall havesigned a counterpart hereof (whether the same or different counterparts) and shall have delivered(including by way of facsimile or other electronic transmission) the same to White & Case LLP,1155 Avenue of the Americas, New York, NY 10036; Attention: May Yip (facsimile number:212-354-8113 / email: myip@whitecase.com).     6. From and after the Fourth Amendment Effective Date, all references in the Credit Agreementand each of the other Credit Documents to the Credit Agreement shall be deemed to be references tothe Credit Agreement, as modified hereby.* * *   NEWYORK 7033971 (2K) Trico $100MM Fourth Amendment
 

 
     IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to executeand deliver this Fourth Amendment as of the date first above written.      TRICO SUPPLY AS
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

April 25, 2011 

y0418 

Order 

 

April 25, 2011 

141812 

PEOPLE OF THE STATE OF MICHIGAN, 

Plaintiff-Appellee, 

v SC: 141812 

 COA: 297423 

Ingham CC: 04-000899-FC 

WILLIE LEE SIMS, JR., 

Defendant-Appellant. 

_________________________________________/ 

 On order of the Court, the application for leave to appeal the August 3, 2010 order 

of the Court of Appeals is considered, and it is DENIED, because the defendant has 

failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
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 The Student Loan
      Corporation (the Company) for the quarterly period ended September 30,
      2006, as filed with the Securities and Exchange Commission on the date hereof
      (the Report), Michael J. Reardon, as Chief Executive Officer of the Company,
      and
      Daniel P. McHugh, as Chief Financial Officer of the Company, each hereby
      certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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 ExchangeAct of 1934; and





(2)
            The
                information contained in the Report fairly presents, in all material
                respects, the financialcondition
                and results of operations of the
                Company.





/s/
                Michael J. ReardonMichael
                J. ReardonChief
                Executive OfficerNovember 9,
                2006/s/
                Daniel P. McHughDaniel
                P. McHughChief
                Financial OfficerNovember
                9, 2006








This
      certification accompanies each Report pursuant to §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 §18 of the Securities
      Exchange Act of 1934, as amended.





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.
Exhibit 32.1



SECTION 906 CERTIFICATION



Each of the undersigned, in connection with this Quarterly Report on Form 10-Q of Danka Business Systems PLC (the Company) for the quarter ended September 30,
2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §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/ Todd L. Mavis      
|Todd L. Mavis          
|Chief Executive Officer



November 4, 2005



|                       
|-----------------------
|/s/ Edward K. Quibell  
|Edward K. Quibell      
|Chief Financial Officer



November 4, 2005



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.
#### J. P. Orr et al *v.*Jacob C. Hedger.

Appeal and Error — Pleading—Duties of Circuit Clerk in Making Transcript of Record. .

It is the duty of an appellant, in order to get a review by the appellate court, to file exceptions to the ruling of the court below in refusing to permit the filing of an amended answer, and then present and file a bill of exceptions making the rejected amended answer a part thereof, and incorporating them in the record. It is no part of the official duty of the clerk to state that the rejected pleadings are the same that he copies, and the appellate court cannot upon that unofficia1 statement so treat them.

APPEAL EROM OWEN CIRCUIT COURT.

January 17, 1868.

Opinion oe the Court by

Judge Peters :

It seems that the amended answer setting up and pleading the cost of repairs, made upon the premises as a counter claim, was *52by leave of court filed, aud time given appellee to reply, and on that branch of the cause a continuance granted.

*Blackwell, for appellant.*

Two other amendments were offered and rejected by the court, as the orders show, but whether those found copied in this record are the samé which the court below rejected, this court is not furnished with the means of knowing,, the mere memoranda of the clerk do not authorize this court so to regard them; if appellant desired to have the judgment of this court upon the sufficiency of his amended answer, he could only do so by excepting to the opinion of the cout refusing him permission to file them, and then presenting and filing a bill of exceptions, making said rejected amended answer a part thereof, and thus incorporating them in the record, which is not done here. It is no part of the official duty of the clerk to state the rejected pleadings are the same as that of the copies, and this Court cannot, upon that unofficial statement, so treat them; this principle has often been settled by this court.

As therefore the amended pleadings rejected by the court below are not properly, before this court, the presumption is that the ruling of the- court below was correct. And no error being perceived prejudicial to appellants, the judgment is *affirmed.*
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the
Registrant's unaudited financial statements for the three months ended March 31,
1998 and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                          84,665
<SECURITIES>                                         0
<RECEIVABLES>                                1,529,573
<ALLOWANCES>                                         0
<INVENTORY>                                  1,150,391
<CURRENT-ASSETS>                             2,978,201
<PP&E>                                       1,477,645
<DEPRECIATION>                                 823,270
<TOTAL-ASSETS>                               3,632,576
<CURRENT-LIABILITIES>                        1,477,218
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     1,588,643
<OTHER-SE>                                     465,303
<TOTAL-LIABILITY-AND-EQUITY>                 3,632,576
<SALES>                                      2,712,166
<TOTAL-REVENUES>                             2,712,493
<CGS>                                        1,828,937
<TOTAL-COSTS>                                2,507,447
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,846
<INCOME-PRETAX>                                196,200
<INCOME-TAX>                                    34,251
<INCOME-CONTINUING>                            161,949
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   161,949
<EPS-PRIMARY>                                      .10
<EPS-DILUTED>                                      .08
        

</TABLE>