alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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#### Stevens *v.*Dunbar, on Appeal.

HELD, that a judgment in favour of the defendant upon a demurrer to the declaration, is no bar to a subsequent suit for the same cause. *Lepping*v. *Kedgewin,*1 Mod. 207 (1).

*Held,,*also, that in an action of debt upon a note, the interest ascertained to be due at th^ime of the judgment, ought to be entered as so much in damages; and that the judgment in such case is that the plaintiff recover against the defendant the sum of-dollars in debt, and He sum of-dollars in damages, making in all thé sum of-dollars, together with his costs and charges.

(1)

 1 Chitt. Plead. *195.*— Kendal v. *Talbot,*1 Marsh. Ky. Rep. 321.
#### Charles Sumner Stevens v. Wiliam L. Edson et al.

[Submitted April 13th, 1913.

Decided June 16th, 1913.]

The words “surviving children” in a will devising the rents of real estate to testator’s wife for life and then to bis “surviving children forever, of whom there are now three,” refers to children surviving the wife, under the rule that where a gift to survivors is preceded by a particular estate for life, or years, words of survivorship, in the absence of anything indicating a contrary intent, refer to -the termination of the particular estate.

*106Final hearing on bill to quiet title.

*Mr. Henry 8. Alvord,*for the complainant.

*Mr. Leverelt Newcomb,*for the defendant Edson.

Leaming, V. C.

■ The single controversy here presented is whether the words “surviving children” as used in the will of James H. Stevens reíales to¡ the date of the decease of testator or to the date of the decease of the life tenant.

The language of the will is as follows:

> “I devise unto my wife, Emily, the rents, issues and profits of all my real estate * * * for and during her natural life, and then to my surviving children forever, of whom there are now three.”

Three children of testator survived him, only one of them surviving the life tenant. If, therefore, by the words “surviving children” testator referred to the children who survived him, the remainder vested in interest in his three children at his decease; if he referred to the children who survived his widow the remainder was contingent until the decease of the widow and then vested in possession in the surviving child, who is complainant herein.

In this state the rule of construction which controls cases of this class is too firmly established to permit further consideration. Briefly stated, that rule is that where the gift to the survivors is preceded by. a particular estate for life or years, words of survivorship, in the absence of anything indicating a contrary intention, refer to the termination of the particular estate. *Williamson*v. *Chamberlain, 10 N. J. Eq. (2 Stock.) 373; Holcomb*v. *Lake, 24 N. J. Law (4 Zab.) 686; Van Tilburgh*v. *Hollinshead, 14 N. J. Eq. (1 McCart.) 32; Slack*v. *Bird, 23 N. J. Eq. (8 C. E. Gr.) 238; Dutton*v. *Pugh, 45 N. J. Eq.(18 Stew.) 426; S. C., 46 N. J. Eq. (1 Dick.) 554; Ashhurst*v. *Potter, 53 N. J. Eq. (8 Dick.) 610; S. C., 54 N. J. Eq. (9 Dick.) 699; Stout*v. *Cook, 79 N. J. Eq. (9 Buch.) 573.*

*107Nothing is contained in the will indicating an intention of testator contrary to the natural import- of the language above quoted.

I will advise a decree in accordance with the views here expressed.
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



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  filing of the  Quarterly
Report on Form 10-Q for the Quarter Ended March 31, 2008 (the "Report") by Talon
International, Inc. ("Registrant"), the undersigned hereby certifies that:

1.       to the  best of my  knowledge,  the  Report  fully  complies  with  the
         requirements  of section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

2.       to the best of my knowledge,  the  information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         results of operations of Registrant.



Dated:  May 15, 2008                   /S/ LONNIE D. SCHNELL
                                       -----------------------------------------
                                       Lonnie D. Schnell
                                       Chief Executive Officer & Chief Financial
                                       Officer
Exhibit 31.1**CERTIFICATION**I, Erik R. Martinez, certify that: 1. I have reviewed this annual report on Form 10-K of Virbac Corporation;  2. Based on my knowledge, this report does not contain any untrue statement of a 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 included inthis 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 thisreport;  4. The registrant’s other certifying officer(s) 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 have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter(the registrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.        Date: August 30, 2005 By:  /s/ Erik R. Martinez    Erik R. Martinez    President and Chief ExecutiveOfficer
##### 



EXHIBIT 32 CERTIFICATIONS 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 of NexPrise, Inc. (the Company)
on Form 10-Q for the period ended March 31, 2004, as filed with the Securities
and Exchange Commission on the date hereof (the Report), the undersigned, in
the capacities and on the dates indicated below, each hereby 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 (15 U.S.C. 78m or 78o(d)); and (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company. May 06, 2004
    By:
    /s/ Ted DrysdaleTed DrysdalePresident and Chief Executive Officer May 06, 2004
    By:
    /s/ Jerome E. NatoliJerome E. NatoliChief Financial Officer A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signatures
that appear in typed form within the electronic version 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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577 A.2d 131

#### IN THE MATTER OF WILBERT J. MARTIN, JR., AN ATTORNEY AT LAW.

July 23, 1990.

ORDER

This matter having been submitted to the Court on the report of the Disciplinary Review Board recommending that WILBERT J. MARTIN, JR. of TOMS RIVER, who was admitted to the Bar of this State in 1953, be publicly reprimanded,

And it appearing from the Disciplinary Review Board’s report that WILBERT J. MARTIN, JR., in his handling of five cases, engaged in behavior that displayed a pattern of neglect in violation of *DR*6-101(A)(2), that he misrepresented to a client that her case was pending when he knew the case had been dismissed, in violation of *DR*1-102(A)(4), and that he was grossly negligent in having allowed the foregoing matter to be dismissed for his failure to answer interrogatories, in violation of *DR*6-101(A)(l).

And it further appearing that the foregoing misconduct taken in consideration with mitigating personal circumstances, attestations to respondent’s good character, and respondent’s acknowledgement of his misconduct and efforts to ensure that such conduct does not recur, calls for the imposition of a public reprimand; and good cause appearing;

It is ORDERED that the report and recommendation of the Disciplinary Review Board are adopted and WILBERT J. MARTIN, JR., is hereby publicly reprimanded; and it is further

ORDERED that the Decision and Recommendation of the Disciplinary Review Board, together with this order and the full record of the matter, be added as a permanent part of the file of said WILBERT J. MARTIN, JR., as an attorney at law of the State of New Jersey; and it is further

*444ORDERED that WILBERT J. MARTIN, JR., reimburse the Ethics Financial Committee for appropriate administrative costs.
Consent of Independent Registered Public Accounting Firm   The Board of Directors and Stockholders Inland Real Estate Corporation: We consent to the incorporation by reference in the registration statements (Nos. 333-128624 and 333-140535) on Form S-8 and Form S-3 of Inland Real Estate Corporation (the Company) of our reports dated February 26, 2010, with respect to the consolidated balance sheets of the Company as of December 31, 2009 and 2008, and the related consolidated statements of operations and other comprehensive income, equity, and cash flows for each of the years in the three-year period ended December 31, 2009 and the related financial statement schedule, and the effectiveness of internal control over financial reporting as of December 31, 2009, which reports appear in the December 31, 2009 annual report on Form 10-K of the Company.  KPMG LLP Chicago, Illinois February 26, 2010
* District Judge of the Western District of Texas, sitting by

designation. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

______________________________

No. 95-30524

______________________________

MARY ANNA RIVET, MINNA REE WINER, EDMOND G. MIRANNE, and EDMOND G. MIRANNE, JR., Plaintiffs-Appellants,

versus

REGIONS BANK OF LOUISIANA, F.S.B., WALTER L. BROWN, JR., PERRY S. BROWN, and FOUNTAINBLEAU STORAGE ASSOCIATES,

Defendants-Appellees.

____________________________________________ Appeal from the United States District Court for the Eastern District of Louisiana

____________________________________________

April 20, 1998

Before JONES and WIENER, Circuit Judges, and FURGES ON, * District Judge.

B Y T H E C O U R T:

IT IS ORDERED that the subject case be and it is hereby

rem anded to the United States District Court for the Eastern

District of Louisiana for further proceedings consistent with the

opinion of the United States Supreme Court, filed February 24,2 M ary Anna Rivet, et al., Petitioners v. Regions Ban k of

Louisiana, et al.

, No. 96-1971, slip op. 522 U.S. (February 24, 1998).

2 1998. 2

IT IS FURTHER ORDERED that the motion of plaintiffsappellants-pet itioners Mary Anna Rivet, et al., to set briefing

schedule and hearing for fixing of award of costs and attorneys’

fees be and it is hereby denied, without prejudice to filing such

a motion in the United States District Court to which this case is

remanded, that court being the more appropriate forum in which to

commence such proceedings.
Order entered May 17, 2013

In The



## Court of Appeals

**Fifth District of Texas at Dallas**

No. 05

- 12

- 00848

- CV

LUCKY MERK, LLC D/B/ A GREENVILLE BAR & G RILL, ET AL, Appellant

V.

GREENVILLE LANDMARK VENTURE, ET AL, Appellee s

On Appeal from the County Court at Law No. 4

Dallas County, Texas

Trial Court Cause No. 10

- 02411

- D



### O RDER

Before the Court is appellees’ May 15, 2013 agreed motion to extend time to file

appellees’ brief. Appellees’ motion is GRANTED . Appellees’ brief shall be filed on or before

June 21, 2013.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE
Case 2:15-cr-01470-JAT Document 1 Filed 10/23/15 Page 1 of 4
Case 2:15-cr-01470-JAT Document 1 Filed 10/23/15 Page 2 of 4
Case 2:15-cr-01470-JAT Document 1 Filed 10/23/15 Page 3 of 4
Case 2:15-cr-01470-JAT Document 1 Filed 10/23/15 Page 4 of 4
Exhibit 99.2



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the filing of the financial statements of Chindex International, Inc. ("Registrant") for the fiscal year ended December 31, 2002 (the "Report"), the undersigned hereby certifies, to such officer's knowledge, that:

1.    	The Report fully complies with the requirements of section 13(a) or 15(d) of the 	Securities Exchange Act of 1934, as amended, and

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







_/S/ Lawrence Pemble

Lawrence Pemble

Executive Vice President Finance



"A signed original of this written statement required by Section 906 has been provided to Chindex International, Inc. and will be retained by Chindex International, Inc. and furnished to the Securities and Exchange Commission or its staff upon request."
#### Wynn and Others *v.*The State.

If the jury, in an indictment for a misdemeanor, instead of finding the.defendants guilty and assessing the flue, merely say, We fine the defendants 10 dollars each, the verdict will not authorize a judgment against the parties charged.

ERROR to the *Harrison*Circuit Court. — Indictment for a riot against 16 persons. Plea, not guilty. The jury in their verdici, without finding whether the defendants, or any of them, were guilty or not, merely say, “We of the jury *fine John Gibson, John*Miles, (naming 8 of them,) 10 dollars each.” A motion in arrest of judgment was made and overruled, and judgment rendered upon the verdict.

Holman, J.

The objection made to the finding of the juryj *29in arrest of judgment, is conclusive. The verdict is insufficient to authorize a judgment. It does not find the. defendants guilty. The fining of the defendants, as the jury have expressed themselves, or the finding the amount of the fine as. authoriz*ed*by the act of assembly, is not finding the defendants guilty.. And. it must be found expressly, and not by intendment, that the defendants are guilty. 7 Bac. Abr. 37. It is a correct position, that finding of but a part of the issue, is insufficient. Co. Litt.. 227, a. 7 Bac. Abr. 7, 18, 20, 23. But here is more than an. omission of part of the issuer There is a total neglect of the whole subject matter put in issue, and no judgment ought to have been given upon it. Nor is the necessity of finding the defendants guilty less evident, or less important since the passage of the act of 1817, relative to crimes and punishments, than it was at common law. The 69th section of that act, rendering it necessary for the jury to find the amount of the fine, does not dispense with the necessity of finding the person charged, to be guilty (1). And as in this case, the jury did not find the defendants guilty, the Circuit Court erred in overruling the motion in arrest of judgment.

*Moore,*and *Dunbar,*for the plaintiffs.

*Per Curiam.*

The judgment is reversed, and the verdict set aside. Cause remanded to the Circuit Court, with directions to award a *venire facias de novo.*

(1)

 Ind. Stat. 1817, p. 96. Acc. Ind. Stat. 1823, p. 150.