alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Boatright and Others *v.*The State, on the Relation of Brown.

Debt on a constable’s bond. Breaches assigned in the replication, 1. That the constable had neglected and refused to return a-certain *fieri facias ; 2.*That after the levy of such execution, the constable had abandoned the levy, and had not returned the execution. Rejoinder to the *1st*breach, that no such execution had issued, &c., to the constable, nor had he neglected or refused to return the same. Rejoinder to the 2d breach, that no such execution had issued, &c., to the constable. *Held,*that the 1st rejoinder was double, but that the 2d was unobjectionable. >

APPEAL from the *Marion*Circuit Court.

Blackford, J.

The state, on the relation of *Brown,*brought an action of debt against *Boatright*and others on a bond for the payment of money. Plea, that the bond was .conditioned for the performance, by *Boatright,*of his duties as constable, and that he had performed them. Replication, assigning the following breaches: 1. That *Brown,*on, &c., recovered a judgment against *Stipp,*before a justice of, the peace, for the sum of 22 dollars and 34 cents with interest and costs; that an execution issued on the judgment directed to any constable, &c., commanding him that of the goods, &c., and of said writ to make legal service and due return; that the writ was delivered to *Boatright*to be executed, &c.; and *that'Boatright*neglected and refused to return the writ, &c. 2. That said execution was issued on said judgment, <fcc., and came into the hands of *Boatright,*&c.; that after-wards, on, &c., *Boatright*levied the execution on certain goods, &c., subject to the execution; that he afterwards abandoned the levy and gave up the property to *Stipp;*and that he had not returned the writ, *&c.*Rejoinder to the first breach, that there was no such execution issued, indorsed, and delivered to *Boatright,*nor did he neglect or refuse to return the same, in manner and form, &c. Rejoinder to the second breach, that there was no such ‘execution issued, indorsed, and delivered to *-Boatright*in manner and form, &c.

Demurrer to the first rejoinder for duplicity, becausé it puts in issue, 1st, the issuing, &c., of the execution, and, 2dly, the failure to return'the same. The second rejoinder *9was also demurred to. The demurrers were sustained, and the cause was submitted to the Court without a jury.

*H. Brown,*for the appellants.

*W. TV. Wick*and *L. Barbour,*for the appellee.

The Court found for the plaintiff, and assessed the damages at 19 dollars. Judgment accordingly.

We think the first rejoinder is bad for the cause assigned. The defendants might have averred that there was no such execution as alleged, or they might have averred that the execution had been duly returned. But they could not make both averments. This case is similar to that of *M‘Clintick*v. *Johnston et al.*1 M'Lean’s Rep. 414. There appears to be no objection to the second rejoinder, and the demurrer to it ought not to have been sustained.

*Per Curiam.*

The judgment is reversed with costs. Cause remanded, &c.
#### NANCY POTTER v. VILLAGE SUPERMARKETS, INC., ET AL.

July 11, 1989.

Petition for certification denied.
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Larry D. Gertsch,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04432-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Freese & Goss PLLC - Birmingham, AL

(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 1/4/2018, 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: January 12, 2018 /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 9714 Filed 01/18/18 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 9714 Filed 01/18/18 Page 2 of 2
#### STATE OF NEW JERSEY v. CHARLES C. TURNER.

May 2, 1989.

Petition for certification granted, and the matter is summarily remanded to the trial court for resentencing in the light of *54
      *State v. Baylass,*114 *N.J.*169 (1989) and *State v. Molina,*114 *N.J.*181 (1989).
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Sarah Merrifield,

Plaintiff,

v.

C. R. Bard, Inc., et al.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-16-00525-PHX-DGC

APPEARANCE OF COUNSEL

To: The clerk of court and all parties of record

I am admitted or otherwise authorized to practice in this court, and I appear in this case as counsel for:

Defendants C. R. Bard, Inc. and Bard Peripheral Vascular, Inc.

Date: March 2, 2016 /s/ Richard B. North, Jr.

Attorney's signature

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

Printed name and bar number

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) 322-6000

Telephone number

(404 322-6050

FAX number

Case 2:15-md-02641-DGC Document 947 Filed 03/04/16 Page 1 of 1
#### STATE OF NEW JERSEY v. GRAHAM HOLLINGSWORTH.

May 30, 1989.

Petition for certification denied.
#### BARRY TENKIN, ET UX., v. IRVING M. BUSH, M.D.

May 8, 1989.

Petition for certification denied.
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<PAGE>


                                                                      EXHIBIT 12

                                 EAGLE FINANCE CORP.

                          RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>


                                                                    YEAR ENDED DECEMBER 31,
                                                   -------------------------------------------------------
                                                     1996        1995        1994        1993        1992
                                                    -------     -------     -------     -------     -------
                                                                    (DOLLARS IN THOUSANDS)
<S>                                                 <C>         <C>         <C>         <C>         <C>
    Net income (loss)                               $(5,349)    $   325     $ 3,951     $ 1,686     $ 1,070

    Added fixed charges:
         Cost of borrowing                            9,059       8,093       2,712       1,232       1,705
         One-third rental                               499         400         115         146         112
                                                    -------     -------     -------     -------     -------

         Total fixed charges                        $ 9,558     $ 8,493     $ 2,827     $ 1,378     $ 1,817
                                                    -------     -------     -------     -------     -------
                                                    -------     -------     -------     -------     -------

         Provision for income taxes                 $  (659)    $   197     $ 1,167          --          --
                                                    -------     -------     -------     -------     -------
                                                    -------     -------     -------     -------     -------

    Total "earnings" (net income (loss), fixed
              charges, and income taxes)            $ 4,868     $ 9,015     $ 7,945     $ 3,064     $ 2,887
                                                    -------     -------     -------     -------     -------
                                                    -------     -------     -------     -------     -------

    Ratio of "earnings" to fixed charges               0.51        1.06        2.81        2.22        1.59
                                                    -------     -------     -------     -------     -------
                                                    -------     -------     -------     -------     -------

</TABLE>
II 

108TH CONGRESS 

2D SESSION S. 2577 

To provide incentives to promote broadband telecommunications services in 

rural America, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2004 

Mrs. CLINTON introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To provide incentives to promote broadband telecommunications services in rural America, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Broadband Rural Re5 search Investment Act of 2004’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) The availability of broadband telecommuni9 cations services in rural America is critical to eco-
2 

•S 2577 IS 

1 nomic development, job creation, and new services 

2 such as distance learning and telemedicine. 

3 (2) Existing broadband technology cannot be 

4 deployed in many rural areas, either because of tech5 nical limitations, or the cost of deployment relative 

6 to the available market. 

7 (3) Research in new broadband technology that 

8 addresses these barriers could increase the avail9 ability of broadband telecommunications services in 

10 rural areas. 

11 SEC. 3. RESEARCH ON ENHANCEMENT OF BROADBAND 

12 TELECOMMUNICATIONS SERVICES. 

13 (a) IN GENERAL.—The Director of the National 

14 Science Foundation (in this section, referred to as the 

15 ‘‘Director’’) shall carry out research on the following: 

16 (1) Means of enhancing or facilitating the avail17 ability of broadband telecommunications services in 

18 rural areas and other remote areas. 

19 (2) Means of facilitating or enhancing access to 

20 the Internet through broadband telecommunications 

21 services. 

22 (b) SCOPE OF AUTHORITY.—The Director may carry 

23 out research under subsection (a) within the National 

24 Science Foundation or pursuant to such grants, agree-
3 

•S 2577 IS 

1 ments, or other arrangements as the Director considers 

2 appropriate. 

3 (c) RESULTS OF RESEARCH.—The Director shall 

4 make available to the public, in such manner as the Direc5 tor considers appropriate, the results of any research car6 ried out under this section. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated for the National Science 

9 Foundation for purposes of activities under this section 

10 $25,000,000 for fiscal year 2005, and such sums as are 

11 necessary for each fiscal year thereafter. 

Æ
UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Ramiro V. Soliz,

Plaintiff,

v.

Bard Peripheral Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-16-00229-PHX-DGC

WAIVER OF THE SERVICE OF SUMMONS

To: Freese & Goss, PLLC - Jackson, MS

(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 2/8/2016, 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: February 10, 2016 /s/ Richard B. North, Jr.

Signature of the attorney or unrepresented party

Bard Peripheral Vascular, Inc.

Printed name of party 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. 

“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 837 Filed 02/17/16 Page 1 of 1
#### STATE OF NEW JERSEY v. EDWARD LESNIEWSKI.

June 27, 1989.

Petition for certification denied.
#### The State *v.*Miller.

The circumstance that some of the grand jurors who had found an indictment, weie above sixty years of age, is no objection to the indictment.

The statute of 1824 excuses persons above sixty years of age from serving on juries, if they choose to claim the privilege; but the party indicted cannot object to them on that ground.

ERROR *to*tiie *Floyd*Circuit Court.

Friday, *November*17,

Blackford, J.

Indictment for an assault. Plea in ment, that two of the grand jurors who found the hill were above 60 years of age. Demurrer to the plea, and judgment for the defendant.

This plea is founded upon the statute of 1824. R. C. 1824, p. 234. That statute requires the county commissioners to select persons as jurors, who are between the ages of 21 and 60 years. It is very similar to the statute of Westminster 2, ch. 38; which expressly provides, that old men above the age of 70 years shall hot be put on juries. According to the construction given to the statute of Westminster, such old men if returned may be discharged upon their claiming the privilege, but the parly has no right to challenge them. 3 Bac. 759. So, with respect to our statute, men above 60 years are excused from serving on juries, if they choose to claim the privilege, but the party has no right to object cither by challenge or otherwise, because any such men happen to he upon the jury (1).

*36Whitconib, for the state.

Farnham, for the defendant.

*Per*Curiam.

THe judgment is reversed, and the proceedings subsequent to the joinder in demurrer are set aside, with costs. Cause remanded, &c.

(1)

 The act of 1831 says, that nothing therein shall be so construed as to prevent persons over the age of 60 years frota serving as grand or petit jurats. R. C. 1831, p. 292.
#### H. M. Strode *v.*Elizabeth Strode.

Divorce — Application for Allowance — Notice.

Notice of an application for maintenance is not required, where there is a personal service of the summons.

APPEAL FROM CAMPBELL CIRCUIT COURT.

February 8, 1868.

Campbell, *for appellant.*

Tlawlcins, *for appellee.*

Opinion oe ti-ie Court by

Judge Peters:

*By Sec. 6,Art.*3, *Ghap. 4B,*2 *B. S.*21 it is provided that pending an application for *any*‘divorce, the court may allow the wife maintenance; and as under this provision the court below allowed appellee the sum of $250 for her maintenance till the next term of the court thereafter, when the action appears to have been tried, this court does not feel authorized to disturb the allowance, as it appears to have been but once made.

Notice of the appilcation does not seem to.be required by the statute, there was personal service of the summons, the appellant was in court, the case had been submitted on final hearing, and the submission was set aside on the same day the allowance was made, but upon Avhcse motion does not appear. As, therefore, the allowance was made without objection to the motion for want of notice, and when the appellant was in court, if not in person, by attorney, we cannot say the failure to give notice of the intention to make the motion was erroneous.

Wherefore, the judgment is *affirmed.*
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