alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John A. Coburn *v.*Samuel M. Whirner.

Nuisance — Public—Action for Cannot be Maintained by Private Individual.

If a man close up a public highway, whereby it is stopped up to the use of the public, it is a nuisance, common to all, for which he may be prosecuted by the commonwealth, but a suit against him cannot be maintained by a private individual.

Roads and Passways — Prescription—Title by.

The right to a private passway may be acquired by continual user for 15 years under claim of right.

APPEAL FROM MASON CIRCUIT COURT.

February 15, 1872.

Opinion of the Court by

Judge Lindsay:

The passway claimed by appellee seems at one time to have been an alley or one of the public ways of the town of German-town. If the deed from the trustees to appellant was void', then he was guilty of the commission of a public nuisance, for which he might have been proceeded against by a public prosecution, but for which no action would lie in favor of a private individual.

If a man close up a public highway, whereby it is stopped up to the use of the passengers, it is a nuisance common to all, for which he may be prosecuted by the Commonwealth, and punished, but a suit against him cannot be maintained by a private individual who has only sustained the injury common to all of being turned out of the way.

Assuming it to be true that the deed from the trustees did not pass the title to appellant, he had no right to erect and keep the gate, put up by him immediately after his alleged purchase. The passway still remained a public highway, notwithstanding the gates, and when they were taken down and the passway closed up by a fence, a public nuisance was committed for which a private individual cannot maintain an action. *Barr & Yeiser v.*
      *18
      *Stevens,*1st *Bibb*292. Instruction No. 1, given upon motion of appellee, conflicts with this view of the law and was erroneous and misleading. There is jome testimony in the record tending to show that those under whom appellee holds, were about to resist the discontinuance of the alley in question, notwithstanding the deed from the trustees, and that to avoid litigation, appellant entered into some arrangement with them, whereby he secured the right of a private passway. If they entered upon the enjoyment of the passway under such an arrangement, and for fifteen years preceding the time when it was stopped up by appellant's fence, used it under a claim of right, then they acquired title thereto by prescription as against appellant, and might have recovered against him in this action upon such title.

*Barbour & Cochran, Taylor & Gill, for appellant.*

*Phister, for appellee.*

But in view of the fact that this question was not submitted to the jury, and the right of recovery based upon the illegality of the deed from the trustees of Germantown, we are of opinion that the error was such as to require a reversal of the judgment.

The cause is remanded for a new trial consistent with this opinion.
#### Eliza Vaught v. Nany Sandford, Etc.

Judgments — Default Judgment Against Part of Defendant.

A portion of the defendants on whom process was executed was not hound to answer until the summons was fully served, it was not error, therefore, to set aside the order taking the petition for confessed as to a part of the defendants after process had been fully served, and when they presented an answer containing a substantial defense. The order, taking the petition for confessed, was merely interlocutory.

*697Actions — Action to Quiet Title — Legal Title or Possessory Right Must be Alleged.

An action to quiet the title to land cannot he maintained in the absence of the legal title or some possessory right upon which the proceedings can he based.

APPEAL FROM OWEN CIRCUIT COURT.

June 17, 1872.

*Ford, for appellant.*

*Rodman, for appellee.*

Opinion by

Judge Peters:'

A portion of the defendants on whom process was executed was not bound to answer until the summons was fully served, it was not error, therefore, to set aside the order taking the petition for confessed as to a part of the defendants after process was fully served, and when they presented an answer containing a substantial defense they had a right to file it, as the order taking the petition for confessed was merely interlocutory. *Alexander & Lancashire v. Quigley's Admr.,*2 *Duv.*399. If this be an action to quiet áppellanL’s title a case is neither stated in the petition, nor made out by the evidence to authorize the relief sought under the act of the legislature regulating such proceedings. Appellants neither had the legal title, nor the possessory right to the land. Nor were the pleadings drawn with the view to obtain the legal title from the person in whom it is — so that in no view to be taken of the case is there an available error in the judgment for a reversal.

Wherefore, the judgment is *affirmed.*
**Exhibit 32.1**

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

 

In connection with the quarterly report of FelCor Lodging Limited Partnership (the “Registrant”) on Form 10-Q for the three and nine months ended September 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report), the undersigned hereby certifies, in the capacity as indicated below and 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 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. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

| November 5, 2008 | /s/Richard A. Smith                       |
|-----------------------|-------------------------------------------|
|                  | Richard A. Smith                          |
|                  | Chief Executive Officer of FelCor Lodging |
|                  | Trust Incorporated, as general partner of |
|                  | FelCor Lodging Limited Partnership        |
|                       |                                           |  |  |
9405.

#### Central of Georgia Railway Company *v.*Haden.

Decided August 1, 1918.

Action for damages; from city court of Columbus—Judge Tigner. November 12, 1917.

*Battle & Hollis,*for plaintiff in error.

*Hatcher & Hatcher,*contra.

Bloodwortii, J.

1. Under the pleadings and evidence in this case the court erred in refusing to give to the jury certain instructions, duly requested, as follows (this issue not havipg been fully and clearly covered by the charge given) : *(a)*“In cases where a railway company is sued for an alleged injury, caused by the fright of a horse at the noise of or sight of an engine or ears, the plaintiff can not recover for an injury received from such cause, unless it appears that the noise made by the engine and' cars was both unusual and unnecessary at the time and place set forth and alleged.” (b) “If the engine or cars made an unusual noise, but at the same time a noise necessary, then the plaintiff can not recover. Before she can x-eeover it must appear that the noise made was both unusual and unnecessai-y.”

2. If there were other errors committed they are of such character that they will not likely occur upon a second trial.

*Judgment reversed.*

*Broyles, P. J., and Harwell, J., concur.*
H. Res. 402

In the House of Representatives, U.S.,

March 31, 1998.

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule

XXIII, declare the House resolved into the Committee of the

Whole House on the state of the Union for consideration of

the bill (H.R. 3579) making emergency supplemental appropriations for the fiscal year ending September 30, 1998, and

for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill

for failure to comply with clause 2(l)(6) of rule XI, clause 7

of rule XXI, or section 306 of the Congressional Budget Act

of 1974 are waived. General debate shall not exceed 90 minutes, with 60 minutes of general debate confined to the bill

equally divided and controlled by the chairman and ranking

minority member of the Committee on Appropriations, and

30 minutes of general debate confined to title III equally divided and controlled by Representative Skaggs or his designee

and a Member opposed to title III. After general debate the

bill shall be considered for amendment under the five-minute
2

•HRES 402 EH

rule. The bill shall be considered as read. The amendments

printed in part 1 of the report of the Committee on Rules

accompanying this resolution shall be considered as adopted

in the House and in the Committee of the Whole. Points of

order against provisions in the bill, as amended, for failure

to comply with clause 2 or 6 of rule XXI are waived. No

other amendment shall be in order except the further amendment printed in part 2 of the report of the Committee on

Rules. That amendment may be offered only by a Member

designated in the report, shall be considered as read, shall be

debatable for the time specified in the report equally divided

and controlled by the proponent and an opponent, shall not

be subject to amendment, and shall not be subject to a demand for a division of the question in the House or in the

Committee of the Whole. All points of order against that

amendment are waived. At the conclusion of consideration of

the bill for amendment the Committee shall rise and report

the bill, as amended, to the House with such further amendment as may have been adopted. The previous question shall

be considered as ordered on the bill and amendments thereto
3

•HRES 402 EH

to final passage without intervening motion except one motion to recommit with or without instructions.

Attest:

Clerk.
SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549


                                    FORM 10-Q/A



X     Quarterly  Report  Pursuant  to  Section  13 or  15(d)  of the  Securities
      Exchange Act of 1934 FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1998

                                       OR

      Transition  Report  Pursuant  to  Section  13 or 15(d)  of the  Securities
      Exchange Act of 1934 For the transition period from ____________ to
      ________________

                          Commission File No: 00-113959

                                CPS SYSTEMS, INC.
             (Exact name of registrant as specified in its charter)

                TEXAS                                      75-1607857
    (STATE OR OTHER JURISDICTION OF      (I.R.S. EMPLOYER IDENTIFICATION NO.)
    INCORPORATION OR ORGANIZATION)

                            3400 CARLISLE, SUITE 500
                               DALLAS, TEXAS 75204
                                 (214) 855-5277

    (Address, including zip code, and telephone number, including area code,
                  of Registrant's principal executive offices)


Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the  preceding 12 months (or for such  shorter  period that the  registrant  was
required  to file  such  reports),  and  (2) has  been  subject  to such  filing
requirements for the past 90 days.

                                          Yes         X          No
                                                   --------              -------

Indicate the number of shares  outstanding  of each of the  issuer's  classes of
common stock, as of the latest practicable date.

                  CLASS                     OUTSTANDING AS OF  NOVEMBER 11, 1998
                  -----                     ---------------------------------
             Common stock
         Par value $.01 per share                      6,734,928


                                        1
<PAGE>

Pursuant to the  requirements  of the  Securities  and Exchange Act of 1934, the
registrant  has duly  caused  this  report  to be  signed  on its  behalf by the
undersigned thereunto duly authorized.





Date:  November 11, 1998

                                /s/ Paul E. Kana
                                -----------------------------------------------
                                Paul E. Kana
                                CHAIRMAN OF THE BOARD OF DIRECTORS,
                                CHIEF EXECUTIVE OFFICER
                                AND DIRECTOR (PRINCIPAL EXECUTIVE OFFICER)


                                /s/ Kevin L. Figge
                                -----------------------------------------------
                                Kevin L. Figge
                                VICE PRESIDENT, CHIEF FINANCIAL OFFICER
                                (PRINCIPAL FINANCIAL OFFICER)
**Exhibit 32.1** - SECTION 1350 

APD ANTIQUITIES, INC.

SECTION 1350 CERTIFICATIONS

In connection with the periodic report of APD ANTIQUITIES, INC., a Nevada corporation (the “Company”), on Form 10-K for the period ended December 31, 2010, as filed with the Securities and Exchange Commission (the “Report”), I, CINDY K. SWANK, President, Treasurer, Chief Executive Officer, and principal financial officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:

(1) the Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated.

This Certification has not been, and shall not be deemed, “filed” with the Securities and Exchange Commission.

Date: April 1, 2011

|  

By:

/s/Cindy K. Swank

 

 

Cindy K. Swank

 

 

President, Treasurer, CEO, & Principal Financial Officer

  |
|------------------------------------------------------------------------------------------------------------------------------------------------------|
**Exhibit 23.1**

 

**Consent of Independent Registered Public AccountingFirm**

 

Weconsent to the incorporation by reference in the Registration Statements (FormS-3 No. 333-126938 and No. 333-128013) and in the related Prospectuses and theRegistration Statement (Form S-8 No. 333-121051) pertaining to theGramercy Capital Corp. Equity Incentive Plan of our reports dated March 13,2006 with respect to the consolidated financial statements and schedule of GramercyCapital Corp., Gramercy Capital Corp. management’s assessment of theeffectiveness of internal control over financial reporting, and theeffectiveness of internal control over financial reporting of Gramercy CapitalCorp., included in this Annual Report (Form 10-K) for the year endedDecember 31, 2005.

 
| /s/  Ernst and Young LLP |   |
|--------------------------|--------|
|                     |
| New  York, New York      |
| March  13, 2006          |

 

----
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF NextGen 1.6.3

Eastern Division

Inventus Power, Inc., et al.

Plaintiff,

v. Case No.: 1:20−cv−03375

Honorable Robert M. Dow Jr.

Shenzhen Ace Battery Co., Ltd., et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Tuesday, May 24, 2022:

 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiffs' motion to seal

certain portions of its reply in support of the request for sanctions [239] is granted. Mailed

notice (cc, )

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:20-cv-03375 Document #: 241 Filed: 05/24/22 Page 1 of 1 PageID #:6185
{"version":"1.0","provider_name":"NASA","provider_url":"https:\/\/www.nasa.gov","author_name":"Heather Monaghan","author_url":"https:\/\/www.nasa.gov\/author\/heather-b-monaghannasa-gov\/","title":"Philip McAlister","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"9IKx4yuThq\"><a href=\"https:\/\/www.nasa.gov\/people\/philip-mcalister\/\">Philip McAlister<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.nasa.gov\/people\/philip-mcalister\/embed\/#?secret=9IKx4yuThq\" width=\"600\" height=\"338\" title=\"“Philip McAlister” — NASA\" data-secret=\"9IKx4yuThq\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script>\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n<\/script>\n","thumbnail_url":"https:\/\/www.nasa.gov\/wp-content\/uploads\/2021\/05\/mcalister.jpeg?w=600","thumbnail_width":600,"thumbnail_height":750}
**Exhibit3.33**

 

**STATE OFDELAWARE**

 

**CERTIFICATEOF FORMATION**

 

**OF**

 

**CHEVYSACQUISITION COMPANY LLC**

 

* * * * *

 

This Certificate ofFormation of Chevys Acquisition Company LLC, dated as of November 10, 2004is being duly executed and filed by Logan Hennessey, as authorized person, toform a limited liability company pursuant to Section 18-201 of theDelaware Limited Liability Company Act.

 

FIRST:                    The name of the limitedliability company is Chevys Acquisition Company LLC.

 

SECOND:               The address of its registered officein the State of Delaware is 615 South DuPont Highway, in the City of Dover,County of Kent.  The name of theCorporation’s registered agent at such address is National Corporate Research,Ltd.

 

THIRD:                  This Certificate of Formationshall be effective on the date of filing with the Secretary of State of theState of Delaware.

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate of Formation as of the date firstwritten above.

 

 
|   | By:    | /s/  Logan Hennessey |   |   |
|--------|--------|----------------------|--------|--------|
|   |   | Logan Hennessey      |
|   |   | Authorized Person    |

 

----
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-2001
<PERIOD-START>                             JUL-01-2000
<PERIOD-END>                               DEC-31-2000
<CASH>                                          96,580
<SECURITIES>                                         0
<RECEIVABLES>                                   14,231
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               172,644
<PP&E>                                         308,436
<DEPRECIATION>                                  36,972
<TOTAL-ASSETS>                                 492,775
<CURRENT-LIABILITIES>                          446,982
<BONDS>                                      1,650,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        52,143
<OTHER-SE>                                 (1,656,350)
<TOTAL-LIABILITY-AND-EQUITY>                   492,775
<SALES>                                         14,389
<TOTAL-REVENUES>                                14,389
<CGS>                                                0
<TOTAL-COSTS>                                2,006,271
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              74,648
<INCOME-PRETAX>                            (1,991,882)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,991,882)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,991,882)
<EPS-BASIC>                                      (.04)
<EPS-DILUTED>                                        0


</TABLE>