alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### T. G. Gaylord & Co. *v.*W. A. O’Bryan, &c.

Fraud — Debtor and Creditor — Recovery of Goods by Creditor.

A creditor has the right to recover his goods, as against other attachment creditors, where shown that the debtor ordered them in the name of a fictions firm, the goods, never talien from the depot, and the debtor being insolvent at the time.

APPEAL FROM HENDERSON CIRCUIT COURT.

March 10, 1870.

Opinion of the Court by

Judge Peters:

Appellants, owners of a foundry, furnished the castings which *685constitute the subject of this litigation, by orders of O’Bryan, contained in two letters to them dated the 7th and 15th of April, 1867, and in which he directed the castings to be shipped to the Henderson Gas Company at Henderson City, promising to pay the price of said casting promptly on delivery. They were shipped on the 8th of May, 1867, by appellant and reached their destination in due time. When they arrived O’Bryan had left Henderson, his place of residence when he ordered the casting, rather in a clandestine manner, about the 24th of April, 1867, and has not returned since, he had left some days before, and after an absence of several days returned, and left the last time within a very few days thereafter. He was not at Henderson when the castings arrived, and had made no arrangement for their reception. Had no means to pay for them, told one of the witnesses about the time he left that he was unable to pay his debts, or to carry out his contract with the city, and directed the castings to be consigned to the Henderson Gas Company, when he knew there was no such company then in existence. These and other facts and circumstances show very clearly that the castings were bought by O’Bryan with the fraudulent intent of not paying for them.

*Vance, for appellants.*

Yeaman, *for appellees.*

And that being the case appellants had a right to vacate the contract, if they could in fact be regarded as having parted with the title to the castings, and have a restoration of them, as against appellees whose equity was subordinate to the prior equity of appellants.’ *Lane,*&c. *v.*Robinson, *18 B. M., 623.*

Wherefore the judgment is reversed and the cause is remanded with directions for further proceedings consistent herewith.
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<PAGE>   1
 
The Board of Directors
Capstone Capital Corporation:
 
     We consent to incorporation by reference in registration statements No.
33-77788 and No. 33-97926 on Form S-3 and No. 333-21581 on Form S-8 of our
reports dated January 20, 1997, relating to the consolidated balance sheets of
Capstone Capital Corporation as of December 31, 1996 and 1995, and the related
consolidated statements of income, stockholders' equity, and cash flows for the
years ended December 31, 1996 and 1995, and for the period from June 30, 1994
(inception) to December 31, 1994, and all related schedules, which reports
appear in or incorporated by reference in the December 31, 1996 annual report on
Form 10-K of Capstone Capital Corporation.
 
                                          KPMG Peat Marwick LLP
 
Birmingham, Alabama
September 16, 1997
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT JUNE 30, 1998 AND THE CONSOLIDATED STATEMENT OF
OPERATIONS AND CONDENSED CONSOLIDATED STATEMENT OF CASH FLOWS FOR THE THREE
MONTHS ENDED JUNE 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                             900
<SECURITIES>                                         0
<RECEIVABLES>                                    5,135
<ALLOWANCES>                                       337
<INVENTORY>                                      8,334
<CURRENT-ASSETS>                                14,204
<PP&E>                                          34,122
<DEPRECIATION>                                  11,413
<TOTAL-ASSETS>                                  39,183
<CURRENT-LIABILITIES>                           51,905
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            11
<OTHER-SE>                                    (16,253)
<TOTAL-LIABILITY-AND-EQUITY>                    39,183
<SALES>                                          7,488
<TOTAL-REVENUES>                                 7,556
<CGS>                                            5,268
<TOTAL-COSTS>                                    5,268
<OTHER-EXPENSES>                                 4,208
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (1,920)
<INCOME-TAX>                                        66
<INCOME-CONTINUING>                            (1,986)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,986)
<EPS-PRIMARY>                                    (.18)
<EPS-DILUTED>                                    (.18)
        

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

<ARTICLE>                              5
<CIK>                                  1017522
<NAME>                                 BENEDEK COMMUNICATIONS CORPORATION

<S>                                    <C>
<PERIOD-TYPE>                               12-MOS
<FISCAL-YEAR-END>                      DEC-31-1997
<PERIOD-START>                         JAN-01-1997
<PERIOD-END>                           DEC-31-1997
<CASH>                                   2,648,155
<SECURITIES>                                     0
<RECEIVABLES>                           25,475,891
<ALLOWANCES>                               471,651
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<PP&E>                                 131,993,910
<DEPRECIATION>                          58,182,994
<TOTAL-ASSETS>                         468,493,897
<CURRENT-LIABILITIES>                   34,400,422
<BONDS>                                357,436,304
<PREFERRED-MANDATORY>                  124,556,720
<PREFERRED>                                      0
<COMMON>                                    70,300
<OTHER-SE>                            (94,978,099)
<TOTAL-LIABILITY-AND-EQUITY>           468,493,897
<SALES>                                141,859,234
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<CGS>                                   18,493,729
<TOTAL-COSTS>                           18,493,729
<OTHER-EXPENSES>                       114,938,024
<LOSS-PROVISION>                           231,479
<INTEREST-EXPENSE>                      48,240,099
<INCOME-PRETAX>                        (36,337,032)
<INCOME-TAX>                           (12,027,418)
<INCOME-CONTINUING>                    (24,309,614)
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                           (24,309,614)
<EPS-PRIMARY>                                (6.17)
<EPS-DILUTED>                                (6.17)
**Exhibit 31.2**
**CERTIFICATION BY PRINCIPAL FINANCIAL OFFICER**
I, Lawrence Pemble, certify that:
     1. I have reviewed this annual report on Form 10-K of Chindex International, Inc.;
     2. Based on my knowledge, this report does not contain any untrue statement of material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;
     3. Based on my knowledge, the financial statements, and other financial information includedin this annual report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this annualreport;
     4. The registrant’s other certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and we have:
a) designed such disclosure controls and procedures or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;
b) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosure controls and procedures asof the end of the period covered by this report based on such evaluation; and
c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent year that has materially affected,or is reasonably likely to materially affect, the registrant’s internal control over financialreporting; and
     5. The registrant’s other certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent function):
a) all significant deficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and
b) any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.
June 24, 2005   /s/ Lawrence Pemble  Lawrence Pemble  Executive Vice President, Finance and Business Development  (Principal Financial Officer)
#### STATE OF NEW JERSEY v. DONALD BROOKS.

June 13, 1989.

Petition for certification denied.
1

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Securities and Exchange Commission,

Plaintiff,

v. 

Jason Mogler, et al.,

Defendants.

NO. CV-15-01814-PHX-SPL

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came for consideration before the Court. The 

issues have been considered and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that, pursuant to the Court’s Order filed

March 5, 2020,which granted Plaintiff’s Motion for Summary Judgment as to Liability 

and Non-Monetary Relief, judgment is entered in favor of plaintiff and against

defendants. This action is hereby terminated.

Debra D. Lucas

Acting District Court Executive/Clerk of Court

March 5, 2020

s/ W. Poth

By Deputy Clerk

Case 2:15-cv-01814-SPL Document 118 Filed 03/05/20 Page 1 of 1
#### In re Paul L. HICKMAN.

No. 04-1280.

United States Court of Appeals, Federal Circuit.

March 8, 2005.

*404Before RADER, SCHALL, and BRYSON, Circuit Judges.

JUDGMENT

PER CURIAM.

This CAUSE having been heard and considered it is ORDERED and ADJUDGED:

AFFIRMED, *See*Fed. Cir. R. 36.
#### STATE OF NEW JERSEY v. STEVEN LINK.

April 19, 1989.

Petition for certification denied.
#### Excelsior & Eureka Petroleum Company et al *v.*J. C. Maxwell and Others.

Corporation — Suit for Contribution by Stockholders to Pay Debts.

The stock-holders of a corporation, in liquidation, are responsible for their prorata of the indebtedness of the corporation, though the amount was incurred by a few of the stock-holders under a recorded pledge by the company of reimbursement.

Same.

The stock-holders cannot deny liability by reason of their names not having been signed by them to the subscription list for stock.

APPEAL FROM MARION CIRCUIT COURT.

January 18, 1870.

Opinion of the Court by

Judge Robertson:

The appellants, incorporated on a broad scale for a magnificent *446enterprise, soon after their organization, failed and suspended operations, like most others of the same kind. Before the abortion, a few of the stockholders had, on their own responsibility, borrowed $2,000 for the use of the company on its recorded pledge of reimbursement.

*Harrison, for appellant.*

*Ro & Fo, for appellees.*

This suit seeks the enforcement of that pledge by contributions from the appellees and others as stockholders.

The petition charges that they were subscribers, and that their respective subscriptions were entered in a record exhibited as evidence. Th appellees denied that their names as inscribed therein, were signed by them. And, on that apparent issue, the circuit court dismissed the petition, as against those pleaders. This was erroneous. The appellees do not deny that they were stockholders, but only that the exhibit as evidence of that fact had ever been signed by them. Nevertheless they may have been subscribers and the record may certify the truth even though' they never signed their names as therein inscribed.

Wherefore, the .judgment is reversed and the cause remanded for further proceedings.
Exhibit 32  Certification of Quarterly Report on Form 10-Q of National HealthCare Corporation For The Quarter Ended March 31, 2011   The undersigned hereby certify, pursuant to 18 U.S.C. Section 906 of the Sarbanes-Oxley Act of 2002, that, to the undersigned=s best knowledge and belief, the Quarterly Report on Form 10-Q for National HealthCare Corporation (AIssuer@) for the period ending March 31, 2011  as filed with the Securities and Exchange Commission on the date hereof (the AReport@):  (a)fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and(b)the information contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Issuer. This Certification accompanies the Quarterly Report on Form 10-Q of the Issuer for the quarterly period ended March 31, 2011.  This Certification is executed as of May 9, 2011.    /s/Robert G. AdamsRobert G. AdamsChief Executive Officer/s/ Donald K. DanielDonald K. DanielPrincipal Accounting Officer   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.
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UNITED STATES DISTRICT COURT

FOR THE 

DISTRICT OF ARIZONA

Donald Ellis,

Plaintiff,

v.

C. R. Bard Inc. and Bard Peripheral 

Vascular, Inc.,

Defendant.

)

)

)

)

)

)

)

)

)

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

Civil Action No. CV-17-04330-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 11/29/2017, 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: December 8, 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 9283 Filed 12/12/17 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 9283 Filed 12/12/17 Page 2 of 2