alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
9346.

#### Seneca Company Incorporated *v.*Schell, administratrix.

Harwell, J.

1. The record does not show what were the defendant’s objections, which were sustained by the trial magistrate, to the admission in evidence of the original order, or what were the plaintiff’s objections, which were overruled, to the admission of the testimony complained of. It is therefore not made to appear^ that the judge of the superior court *577erred in overruling the third and fourth grounds of the petition for certiorari.

Decided August 1, 1918.

Certiorari; from Putnam superior court—Judge Park. October 26, 1917.

The Seneca Company Incorporated brought suit upon an account for $16.56, in a justice’s court against S. M. Schell, doing business under the name of Phoenix Supply Company. The justice rendered, judgment in favoi of the defendant. The plaintiff obtained certiorari, which the judge of the superior court overruled on the hearing; and the plaintiff excepted. The errors complained of in the petition for certiorari are: that the judgment is contrary to law and without evidence to support.it; contrary to the evidence; that “the court erred in refusing to allow the original contract or order given by Phcenix Supply Company to the Seneca Company for the purchase of the said goods to be introduced in evidence, said contract or order being set out in full'in par. 8 of this petition; as the said contract or order was the best evidence to be had by the court in the trial of the case;” and that “the court erred in allowing the testimony of S. M. Schell and S. E. Maddox to be introduced over the objection of plaintiff.”

It was insisted by counsel for the defendant that, as the amount involved was under $50, and as appeal and not certiorari was the remedy, the judgment of the judge of the superior court in overruling the certiorari was correct.

*B. C. Jmhins, M. F. Adams,*for plaintiff.

*Davidson & Callaway,*for defendant.

2. No real issue of fact was raised upon the trial of the case; hence certiorari was the proper remedy. *Toole*v. *Edmondson,*104 *Ga.*776-784 (31 S. E. 25); *Shultes*v. C*ampos, 5 Ga. App.*277 (63 S. E. 23). However, in the state of the record, it does not appear that the court erred in overruling the certiorari, and the judgment is

*Affirmed.*

*Broyles, P. J., and Bloodworth, J., concur.*
9527.

#### Smith *et al. v.*Rome Hardware Co.

Decided October 15, 1918.

Action on bond; from Floyd superior court—Judge Wright. January 15, 1918.

*M. B. Bubanks,*for plaintiff in error. *Maddox & Boyal,*contra.

Wade, C. J.

The claimant in a garnishment case, being a party to a proceeding brought thereafter in the superior court to distribute the funds deposited with the clerk of that court under the garnishment proceedings, possession of which she had acquired by filing bond as required by law, was bound by the judgment, of that court, distributing the funds; and, the clerk having paid out the funds in accordance with that judgment, an action in the name of the obligee of the bond, for the use of the clerk, could be maintained to recover from the claimant and her surety on the bond the amount so paid out. The trial judge did not err in overruling the general demurrer to the petition.

*Judgment affirmed.*

*Jenkins and Luke, JJ., concur.*
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**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statement (Form S-8 No. 333- 121244), pertaining to theEducate, Inc. 2003 Omnibus Stock Incentive Plan and the Educate, Inc. 2004 Omnibus Stock Incentive Plan of our report dated March 14, 2005 with respect to the consolidated financial statements and schedules of Educate, Inc. and our report dated May3, 2004 with respect to the combined financial statements and schedule of the Laureate pre-K-12 Business (Predecessor to Educate, Inc.) included in the Annual Report (Form 10-K) for the year ended December 31, 2004. 

 

/s/ Ernst & Young LLP 

 

Baltimore, Maryland 

March 14, 2005
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FINANCIAL
STATEMENTS FOR THE THREE MONTHS ENDED DECEMBER 31, 1998 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   3-MOS
<FISCAL-YEAR-END>                          SEP-30-1999             SEP-30-1998
<PERIOD-START>                             OCT-01-1998             OCT-01-1997
<PERIOD-END>                               DEC-31-1998             DEC-31-1997
<CASH>                                           4,716                  91,107
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                11,105                  93,217
<PP&E>                                          11,603                  11,603
<DEPRECIATION>                                   3,803                     603
<TOTAL-ASSETS>                                  24,197                 109,457
<CURRENT-LIABILITIES>                          417,808                 221,914
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                         2,002                   1,802
<OTHER-SE>                                           0                       0
<TOTAL-LIABILITY-AND-EQUITY>                    24,197                 109,457
<SALES>                                              0                       0
<TOTAL-REVENUES>                                     0                       0
<CGS>                                                0                       0
<TOTAL-COSTS>                                   84,881                  35,989
<OTHER-EXPENSES>                                 (899)                   3,650
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<INTEREST-EXPENSE>                               3,433                   1,221
<INCOME-PRETAX>                                      0                       0
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                           (87,415)                (40,860)
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<NET-INCOME>                                  (87,415)                (40,860)
<EPS-PRIMARY>                                  (0.004)                 (0.003)
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</TABLE>
<PAGE>

                                   EXHIBIT 31
                    RULE 13A-14(A) / 15D-14(A) CERTIFICATION

I, John J. Joyce, Chief Executive and Principal Financial Officer of Ambient
Corporation, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Ambient Corporation;

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

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

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
small business issuer and have:

a) Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under my supervision, to ensure that
material information relating to the small business issuer is made known to me
by others within the small business issuer, particularly during the period in
which this report is being prepared;

b) Evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report my conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

c) Disclosed in this report any change in the small business issuer's internal
control over financial reporting that occurred during the small business
issuer's most recent fiscal quarter (the small business issuer's fourth fiscal
quarter in the case of an annual report) that has materially affected, or is
reasonably likely to materially affect, the small business issuer's internal
control over financial reporting;

5. I have disclosed, based on my most recent evaluation of internal control over
financial reporting, to the registrant's auditors and the audit committee of
registrant's board of directors (or persons fulfilling the equivalent function):

a) All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.


Date: August 14, 2003


                                /s/ JOHN J. JOYCE
                                ---------------------------------
                                JOHN J. JOYCE
                                CHIEF EXECUTIVE OFFICER
                                (AND PRINCIPAL FINANCIAL OFFICER)
<PAGE>
 
                                                                      EXHIBIT 99

WILSHIRE REAL ESTATE INVESTMENT TRUST INC.

PRO FORMA FINANCIAL INFORMATION -- NARRATIVE FORMAT

     The unaudited pro forma financial information reflects the effect of the
disposition of the assets along with the required pro forma adjustments. The
unaudited pro forma financial information should be read in conjunction with the
historical consolidated financial statements of WREIT, together with the related
notes thereto, which were filed herewith on Form 10-Q for the period ended March
31, 1999.
 
-------------------------
 
     On April 29, 1999, the Company sold a loan secured by commercial properties
in the United Kingdom to an unrelated third party. The terms of the sale were
determined through arm's-length negotiations between the Company and the
purchaser. The loan had a carrying value of approximately $47.9 million at March
31, 1999. The loan earned interest at a LIBOR-based rate and matures in August
2003. A substantial amount of the proceeds from the sale were used to repay a
repurchase facility with Merrill Lynch Mortgage Capital for which this loan
served as collateral. This debt facility bore interest at LIBOR +125 bps and
settled on a quarterly basis.

     The pro forma effect of this transaction on the March 31, 1999 statement of
financial condition would have resulted in a decrease in total assets from
$341.8 million to $307.3 million and decrease in total liabilities from $263.4
million to $229.5 million. The decrease in total assets is the result of the
sale of the loan's carrying value, offset in part by an increase in cash and
cash equivalents. Liabilities decreased as a result of terminating the short-
term financing on the assets sold.
 
     The pro forma effect of this transaction on stockholders' equity as of
March 31, 1999 would be a decrease from $78.4 million to $77.8 million. The $0.6
million decrease is due to the pro forma effect of adjusting retained earnings
by $0.6 million for the interest income earned during the quarter ended March
31, 1999 on this loan, net of interest expense on the related borrowing.

  Additionally, the pro forma effect to the historical statement of operations
for the quarter ended March 31, 1999 includes the following:

 .    Decrease in interest income of $1.1 million and a decrease in interest
     expense of $0.5 million, which results in a decrease in net interest income
     of $0.6 million.

 .    Decrease in net income from $1.8 million, or $0.15 per share, to $1.2
     million, or $0.10 per share.
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 report of China Architectural Engineering, Inc. (the
“Company”) on Form 10-K for the period ending December 31, 2006 as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      each of the undersigned, in the capacities and on the dates indicated below,
      hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
      to Section 906 of the Sarbanes-Oxley Act of 2002, 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/
                Luo Ken YiLuo
                Ken YiChief
                Executive OfficerApril
                17, 2007/s/
                Wang XinWang
                XinChief
                Financial OfficerApril
                17, 2007





A
      signed
      original of this written statement required by Section 906 has been
      provided to China Architectural Engineering, Inc. and will be retained by China
      Architectural Engineering, Inc. and furnished to the Securities and Exchange
      Commission or its staff upon request.
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9622.

#### Graham *v.*The State.

Decided May 1, 1918.

Broyles, P. J.

1. The instruction complained of was not erroneous for the reasons assigned.

2. There was some evidence which authorized the verdict, and, the finding of the jury having been • approved by the trial judge, this court has no authority to interfere.

*Judgment affirmed.*

*Bloodworth and Eanoell, JJ., concur.*

*276Accusation, of possessing intoxicating liquor; from city court of Poik county—Judge John K. Davis. February 16, 1918.

*Irwin & Tison,*for plaintiff in error.

*J. A. Wright,*solicitor, contra.
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Exhibit 32.1



CERTIFICATION PURSUANT TO SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned, as Chief Executive Officer of Norcraft Holdings, L.P. and Norcraft Companies, L.P. (together, the Company), does hereby certify that to the undersigneds knowledge:



1) the Companys Annual Report on Form 10-K for the period ending
December 31, 2004 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 Companys Annual Report on Form 10-K for the period ending December 31, 2004 fairly presents, in all material
respects, the financial condition and results of operations of the Company.



|                     |  |                                      
|-------------------- |  | -------------------------------------
|Date: March 31, 2005 |  | /s/ Mark Buller                      
|                     |  | Mark Buller  Chief Executive Officer



A signed original of this written
statement, required by Section 906, has been provided to Norcraft Holdings, L.P. and Norcraft Companies, L.P. and will be retained by Norcraft Holdings, L.P. and Norcraft Companies, L.P. and furnished to the Securities and Exchange Commission or its
staff upon request.