alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### T. H. Gunter, *v.*James L. Hill & T. H. Duncan.

Bonds — Injunction to Prevent Recovery On.

Before recovery of amounts due on a bond, 'can be had, it must be shown that payments made by the commissioner to the distributees of an estate, were advances by him personally, and not of a fund alleged to have been paid in full discharge of the bond.

APPEAL FROM HARDIN CIRCUIT COURT.

April 19, 1869.

Opinion of the Court by

Judge Williams:

By a decree of May 20, 1858, in case of Honoré Humphries et al v. Thomas H. Duncan, appellant as commissioner was *145directed to sell certain lands on twelve months’ time, which he did, July 12, 1858, and appellees became the purchasers at $450, and executed their bond therefor, and the next day the commissioner reported the sale to .the court, and on the 17th of the following November, the commissioner was ordered to make a deed reserving’ a lien for unpaid purchase price, which he did the next day, July 13, 1859; on motion of Duncan and Hill the case was reinstated and they allowed credit of $3.55 for taxes due on the land.

Cofer, *for appellant.*

*Wilson &*Montgomery, *for appellees.*

July 9, 1859, Gunter receipted to Duncan for $238.50, one-half the principal and interest on said bond and credit it thereon.

July 9, 1869, Gunter took out execution on said bond and Duncan and Hill filed this suit alleging that said bond had been entirely paid and discharged to Gunter and he had failed to credit the payment made by Hill which was done about the time Duncan paid and that Gunter had paid over to the distributees the fund and taken their receipt in full which he was required to file, they charged him with fraudulently attempting to collect the money again for his own use.

He answered denying the payment, averring that the money was due him and denying all fraud, but he does not set up that he advanced the money by any agreement or request of Duncan or Hill. The court perpetually injoined the collection of the bond from which he prosecutes this appeal.

It appears in this case that he was a poor man though careful and clean in his transactions. He only listed a house and lot with $600— and $500 under the equalization laws for taxation and his means were quite limited. He said to one of the distributees he had collected their money and was ready to pay it over and did so. The facts preclude the idea that he would, without request or remuneration, as a commissioner, advance money due and directed by the court to be collect, and wait some seven or more years without taking out execution, beside, no effort is made to prove that he was advancing this money for or at the request of Duncan or Hill.

We think the chancellor correctly granted a perpetual injunction.

Wherefore the judgment is *affirmed.*
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 122 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                      November 8, 1997.
Whereas currency is used by virtually everyone in everyday life, including blind 
        and visually impaired persons;
Whereas the Federal reserve notes of the United States are inaccessible to 
        individuals with visual disabilities;
Whereas the Americans with Disabilities Act enhances the economic independence 
        and equal opportunity for full participation in society for individuals 
        with disabilities;
Whereas most blind and visually impaired persons are therefore required to rely 
        upon others to determine denominations of such currency;
Whereas this constitutes a serious impediment to independence in everyday 
        living;
Whereas electronic means of bill identification will always be more fallible 
        than purely tactile means;
Whereas tactile currency already exists in 23 countries worldwide; and
Whereas the currency of the United States is presently undergoing significant 
        changes for security purposes: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) endorses the efforts recently begun by the Bureau of Engraving 
        and Printing to upgrade the currency for security reasons; and
            (2) strongly encourages the Secretary of the Treasury and the Bureau 
        of Engraving and Printing to incorporate cost-effective, tactile 
        features into the design changes, thereby including the blind and 
        visually impaired community in independent currency usage.
            Attest:

                                                                          Clerk.
```
Letter Agreement for William A. Scavone



 Exhibit 10.17 
  
 

 
  
 May 30, 2004

  
 Bill Scavone 
 7 Sylvan Way 
 Parsippany, NJ 07054 
  

Dear Bill, 
  
 This letter will confirm our understanding regarding severance. Per Jackson Hewitt Tax Service, Inc.’s (the “Company”) standard policy, this letter is not intended nor should it be considered as an
employment contract for a definite or indefinite period of time. As you know, employment with the Company is at will, and either you or the Company may terminate employment at any time, with or without cause. If however, you are terminated without
cause by the Company, you will receive severance equal to one times your then base salary, subject to you executing a release of claims in the form determined by the Company. Notwithstanding the foregoing, at any time during your employment, in the
event you are terminated without cause by the Company, within twelve months following a change in control of the Company, you will receive severance equal to two times your then base salary, subject to you executing a release of claims in the form
determined by the Company. This letter shall be effective as of and contingent upon the consummation of the Company’s initial public offering. 
  
 Sincerely, 
  
 /s/    Mike Lister 
  

	Cc:	Peter Karpiak
#### E. G. Hall, etc., *v.*F. A. Summers, etc.

Infants — Proceedings to Sell Real Estate — Value of Real and Personal Estate — Annual Profit — Jurisdiction.

In proceedings by tbe statutory guardians of infants to sell their real estate — before a court shall have jurisdiction to sell, three commissioners must be appointed and must report under oath to the court the net value of the infants’ real and personal estate, and the annual profits thereof, and whether the interest of the infant requires the sale to be made.

February 9, 1872.

APPEAL FROM LOUISVILLE CHANCERY COURT.

Opinion of tHe Court by

Judge Peters :

Sub-Section. 1, *Sec.*2, *Art.*3, *Chap. 86,*1 *Vol. R. S., p.*305. That in proceedings 'by the statutory .guardians of infants to sell their real estate — 'before a court shall have jurisdiction to sell such infant’s real estate three ■commissioners must be appointed to report and must report under oath to the court the net value of the infants’ real and personal estate, and the annual profits thereof, and whether the interest of the infant requires the sale to be made.

The three commissioners appointed by the court to report under oath the net value of the real and personal estate of the infants, and the annual profits thereof, were duly sworn before a competent officer that they would faithfully perform the duties imposed upon them by the order appointing them commissioners in said case to the best of their abilities — that oath was signed by them, and certified by a justice of the peace — and in the caption of their report they state that they make the same under oath, which report as appears in the record was made with unusual care and particularity, containing a statement of every fact required by the statute — and must be regarded as having been made under oath.

It also appears in the record that the report was produced in court by the commissioners and filed; no attestation to the signatures of .the commissioners was necessary; the record itself contains the highest evidence of the proper authentication of the report, by showing that the commissioners came into court and filed their report.

*29
      *Easten & Callazvay, for appellants.*

*S. Russell, for appellees.*

The proceedings in this case are much more regular than are usual in such cases, and seem to be unexceptionable and free from error.

Wherefore, the judgment is *affirmed.*
EXHIBIT 32.2





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 Annual Report of Timberline Resources Corporation (the “Company”) on Form 10-K/A for the fiscal year ended September 30, 2013, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Randal Hardy, Chief Financial Officer of the Company, 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; and





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








Date: January 28, 2014


By: /s/ Randal Hardy

Randal Hardy

Chief Financial Officer

Principal Financial Officer








The foregoing certification is being furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Section 1350 of Chapter 63 of Title 18 of the United States Code) and is not being filed as part of the Report or as a separate disclosure document.
Fourth Court of Appeals

San Antonio, Texas

February 20, 2019

No. 04-18-00103-CV

WESTWIND HOMES d/b/a Westwind Development, G.P.-Laredo, LLC, and Centerpoint 

Energy Resources Corp,

Appellants

v.

Fernando RAMIREZ and Minerva Ramirez,

Appellees

From the 406th Judicial District Court, Webb County, Texas

Trial Court No. 2015CVT003262-D4

Honorable Oscar J. Hale, Jr., Judge Presiding

O R D E R

The appellants’ second unopposed joint motion for extension of time to file brief is 

hereby GRANTED. Time is extended to April 1, 2019.

_________________________________

Rebeca C. Martinez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 20th day of February, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
Exhibit 32.1

Certification of President and Chief Financial Officer  Pursuant to  18 U.S.C. Section 1350

In
connection with the Annual Report on Form 10-K of Ares Capital Corporation (the "Company") for the year ended December 31, 2011 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), Michael J. Arougheti, as President of the Company, and Penni F. Roll, as Chief Financial Officer of the Company, each 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 the best of 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.

Date:
February 28, 2012

/s/ MICHAEL J. AROUGHETI Michael J. Arougheti President(Principal Executive Officer)/s/ PENNI F. ROLL Penni F. Roll Chief Financial Officer(Principal Financial Officer)


A
signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the
electronic version of this written statement required by Section 906, has been provided to Ares Capital Corporation and will be retained by Ares Capital Corporation and furnished to the
Securities and Exchange Commission or its staff upon request.

---



QuickLinks
#### William T. McNees *v.*J. J. Parrish.

Set-Off and Counter Claim, Action on Contract.

By tbe terms of tbe contract McNees agreed unconditionally to pay for tbe completion of tbe building tbe sum of $2,500.00. No mention is made of any claim set up, or to be set up by bim for old lumber or brick sold prior to that time by tbe original contractor.

APPEAL PROM HARRISON CIRCUIT COURT.

June 16, 1871.

Opinion by

Judge Lindsey :

-By the terms of the contract executed on the 29th of March, 1869, McNees agreed unconditionally to pay for the completion *617of the building the sum of two thousand five hundred dollars. No mention whatever is made of any claim set up, or to be set up, by him for old lumber or brick sold prior to that time by the original contractor, Dill. It follows therefore that he could not successfully assert any such claim as a set-off in this action, even if it be conceded that Dill and Parrish were partners, without alleging and proving that upon a settlement of their partnership there would be a balance due to Dill, which amount he might have been allowed to retain on account of any debt owing by Dill to him. But the pleadings raise no such issue, and therefore his claim on account of said old brick was properly disallowed.

*Trimble, for appellant.*

*Cleary & West, for appellee.*

The court properly excluded the deposition of Dill. Although he may have had no real interest in the controversy, he was a party to the contract, and was liable to McNees for costs. His evidence being excluded, the credit to McNees on account of the claim of Shannon & 'Co. cannot be disturbed. The answer of Dill makes him a party to this suit, and hence the judgment is upon him. For this reason McNees cannot be prejudiced by the failure of Parrish to join Dill with him as a co-plaintiff.

Judgment *affirmed*on both original and cross-appeal.
Case 3:16-cv-08008-GMS Document 30 Filed 03/23/16 Page 1 of 2
Case 3:16-cv-08008-GMS Document 30 Filed 03/23/16 Page 2 of 2
#### Hiram McElroy *v. John*Barbee, et al.

Mortgages — Rent—Demand for Possession of Property.

Where the mortgagor, without an express contract for rent under a sale of the property, is permitted to retain possession, he will not be liable for rent.

APPEAL EROM UNION CIRCUIT COURT.

December 6, 1870.

Opinion oe ti-ie Court by

Judge Bobertson:

The circuit court by its first decree in this case, adjudged the assignment of the bond for a title of the house and lot fraudulent and void as to the appellees as mortgage creditors and decided also that, as the holder of the legal title, was entitled to a prior lien for the unpaid consideration of about $200 and as the appellant had satisfied that incumbrance for the benefit of the mortgagor *166and mortgagees, the debt for securing which the mortgage was given should be credited with the amount so paid. And on an appeal this court approved so much of the judgment as allowed that credit, but dissenting from so much of it as imputed fraud, adjudged an estoppel against the appellant’s alleged equity to the house and lot on the ground that the assignment of the bond for a title to him did not take effect until after the mortgage, and also that he was privy to the mortgage and did not disclose his after asserted equtiy. After the return of the case to the circuit court, the sale of the house and lot to satisfy the mortgage debt not having produced enough for full satisfaction even after crediting the amount paid by the apellant, a judgment was rendered against him for the deficit of about $240 for rent claimed by the appellees because he controlled the possession of the house and lot from the date of the mortgage to that of the decree.

Rodman, *for appellant.*

*McRlroy, for appellee.*

As the court, in its former opinion, sustained the credit *as ordered by the circuit court,*we will not now enquire whether the appellant, instead of the mortgagor should have the amount so credited, but must treat this as *res adjudicata.*But we cán not affirm the decree against the appellant for rent, as the mortgagor or the appellant as his substitute was permitted by the mortgagees to retain the possession without any express contract for rent, the law did not imply any liability to them for rent. If the mortgagees apprehend insecurity without the profits, their remedy was a demand of possession or the appointment of a receiver. But this remedy having been waived they cannot hold the occupant responsible for the use.

Wherefore on this ground the - judgment is reversed and the cause remanded for a modification strildng out the decree for rent.
9756.

#### Southern Railway Company *v.*Sims

Decided October 15, 1918.

Appeal; from Floyd superior court—Judge Wright. April 27, 1918.

*O. I. Carey, Maddox, McCamy & Shumate,*for plaintiff in error. *Denny & Wright,*contra.

Wade, C. J.

1. The only special ground of the motion for a new trial not being referred to in the briefs of counsel for the plaintiff in error, it will be treated as abandoned.

2. There was some evidence from which the jury might have inferred that the presence of the cow in close proximity to the track of the defendant and its evident intention and effort to cross the same' must have been discovered by the employees in charge of the locomotive in ample time to -have checked or entirely stopped the movement of the train before coming into collision with the animal, if the engineer and fireman had been free from negligence (as they testified), in maintaining a careful lookout, and therefore we cannot say that the finding to the effect that the presumption of negligence had not been entirely rebutted was wholly unauthorized.

*Judgment affirmed.*

*Jenlcins and hulee, JJ., concur.*
<PAGE>

                                  EXHIBIT 32.1
                  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

                 (SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)

I, KUO-AN WANG, President and Chief Executive Officer (principal executive
officer) of Kid Castle Educational Corporation (the "Registrant"), certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that, based upon a review of the Quarterly Report on
Form 10-Q for the period ended March 31, 2004 of the Registrant (the "Report"):

(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 the Registrant.

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

                                                       /s/ Kuo-An Wang
                                                 -------------------------------
                                                 Name: Kuo-An Wang
                                                 Date: May 14, 200

Exhibit 32.1-1
**Exhibit 32.1**

 

*CHIEF EXECUTIVE OFFICERCERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350*

 

In connection withthe Quarterly Report of Granite City Food & Brewery Ltd. (the “Company”) onForm 10-QSB for the quarterly period ended March 29, 2005, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, StevenJ. Wagenheim, President and Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1.                                       the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

2.                                       the information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

A signed originalof this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities andExchange Commission or its staff upon request.

 
| Dated:     May 9, 2005 | By:    | /s/ Steven J. Wagenheim |                                   |
|---------------------------------------|--------|-------------------------|----------------------------------------|
|                                  |   |                    | Steven J. Wagenheim                    |
|                                  |   |                    | President and Chief  Executive Officer |

 

----