alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### F. W. Blunk *v.*S. J. Regatt.

Trial — Weight of Testimony — Peremptory Instruction.

It is error to give a peremptory instruction to find for the defendant where the evidence, when all considered, conduces to some extent to prove the trespass as laid in the petition.

APPEAL FROM KENTON CIRCUIT COURT.

June 7, 1871.

*Fisks, for appellant.*

*Benton, for appellee.*

Opinion by

Judge Lindsay:

Without indicating any opinion as to the weight of the testimony it seems !to us that the jury might possibly have concluded that the appellant was entitled to recover.

The evidence when all considered certainly conduced to some extent to prove the trespass as laid in the petition. In either event the peremptory instruction to find for the defendant was erroneous. *7 J. J. Marshall*411; 2 *B. Monroe*129.

We perceve no other available error, but for the reasons stated the judgment is reversed and the cause remanded for a new trial.
### IN THE TENTH COURT OF APPEALS

No. 10
- 19
- 00367
- CR
IN RE SHANE MIX
Original Proceeding

MEMORANDUM OPINION
Shane Mix, a jail inmate, seeks a mandamus to compel the trial court to rule on Mix’s application for writ of habeas corpus. There are numerous procedural problems with the petition, such as no service on the trial court judge as the respondent and the
St ate as the real

- party

- in

- interest, no certification, no appendix, and no record, as required by the Rules of Appellate Procedure. See T EX

. R. A PP
. P

. 9.5; 52.3(j), (k); 52.7. However, we use Rule 2 to dispense with these requirements and proceed to a tim ely disposition of the petition

. Mix contends he filed an application for writ of habeas corpus under article 11.08
of the Texas Code of Criminal Procedure on October 7, 2019, and the trial court has ignored him

. He has provided no record to support this contention.In re Mix Page 2

The need to consider and rule on a properly filed and presented request for relief is not a discretionary act but a ministerial one, and a trial court is allowed a reasonable time within which to perform that act. In re Chavez , 62 S.W.3d 225, 228

- 229 (Tex. App.

— Amarillo 2001, orig. proceeding). The duty to act, however, generally does not arise until the movant has brought the request for relief to the trial judge's attention; and mandamus will not lie unless the movant makes such a showing, and the trial judge then fails or
refuses to rule within a reasonable time. See id . at 228. Whether a reasonable time has lapsed is dependent upon the circumstances of each case. Ex parte Bates , 65 S.W.3d 133, 135 (Tex. App.

— Amarillo 2001, orig. proceeding). Mix bears the burden of providing this
Court with a sufficient record to establish his right to mandamus relief. In re Blakeney , 254 S.W.3d 659, 661 (Tex. App.

— Texarkana 2008, orig. proceeding). Assuming Mix filed his application on the date alleged, it has been pending with
the trial court for less than 3 0 days. While some pleadings nec essitate expedited dispositions, Mix has not explained why the trial court not ruling on his article 11.08 application for writ of habeas corpus is an abuse of discretion under the facts of his case. In point of fact, Mix has not provided any explanation of what the facts of his application for writ of habeas corpus are such that an expedited disposition is necessary. Thus, Mix
has not carried his burden to show that the trial court has had a reasonable time within
which to rule on Mix’s application.
Acc ordingly, Mix’s petition for writ of mandamus is denied without prejudice to
Mix filing a new petition for writ of mandamus if: 1) the trial court does not rule on Mix’s application for writ of habeas corpus after a reasonable time ; 2) Mix has served his newIn re Mix Page 3

mandamus petition on all the parties as required ; and 3) Mix has provided a record showing his entitlement to relief as required.

TOM GRAY Chief Justice Before Chief Justice Gray, Justice Davis, and Justice Neill Petition denied Opinio n delivered and filed October 30 , 2019 Do not publish [OT06]
EXHIBIT
32.1



CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER

PURSUANT
TO 18 U.S.C. SECTION 1350,

AS
ADDED BY

SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002



In
connection with the Annual Report of OptimumBank Holdings, Inc. (the “Company”) on Form 10-K/A for the year ended
December 31, 2019 as filed with the Securities and Exchange Commission (the “Report”), I, as the Principal Executive
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as added by § 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. | To
    my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and
    results of operations of the Company as of and for the period covered by the Report.



| | /s/
    Timothy Terry          
| | -------------------------------
| | Timothy
    Terry              
| | Principal
    Executive Officer
| | Date:
    July 27, 2020
<PAGE>

                                  EXHIBIT 32.2
                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                       PURSUANT TO 18 U.S.C. SECTION 1350

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

I, YU-EN CHIU, Chief Financial Officer (principal financial 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, 2005 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/ Yu-En Chiu
                                                    --------------------------
                                                    Name: Yu-En Chiu
                                                    Date: May 20, 2005

Exhibit 32.2

                                      -1-
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```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 247 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. RES. 247

Amending the Rules of the House of Representatives to prohibit smoking 
 in rooms and corridors leading to the House floor and in the Rayburn 
                                 room.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 1997

 Mr. Blumenauer (for himself, Mr. Dellums, Mr. Weygand, Mr. McDermott, 
   Mrs. McCarthy of New York, Mr. Farr of California, Mr. Allen, Mr. 
  Ensign, Mr. Wexler, Mr. LaFalce, Ms. Slaughter, Mr. Forbes, and Mr. 
 Salmon) submitted the following resolution; which was referred to the 
                           Committee on Rules

_______________________________________________________________________

                               RESOLUTION

 
Amending the Rules of the House of Representatives to prohibit smoking 
 in rooms and corridors leading to the House floor and in the Rayburn 
                                 room.

    Resolved, That the last sentence of clause 7 of rule XIV of the 
Rules of the House of Representatives is amended by inserting before 
the period at the end the following: ``, nor shall any person be 
allowed to smoke in any room or corridor leading thereto or in the 
Rayburn room at any time''.
                                 <all>
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### etlorr Sarreglstri-
#### G. W. Salle *v.*G. W. Hurt, etc.

Trials — Instructions—Exceptions and Objections.

An exception to an instruction is not sufficient to authorize the Court of Appeals to inquire into the error, if there be one, in giving an instruction, it must be objected to when asked for, and then the ruling of the court, if given, excepted to.

Trials — Explanation of Instruction by Court.

Where the court explains the instruction to the jury, the error, if one, cannot be made available in the Court of Appeals unless excepted to at the time.

APPEAL PROM CLINTON CIRCUIT COURT.

December 20, 1870.

Opinion by

Judge Peters :

Even if it can be said that the verdict of the jury is against the weight of evidence, the preponderance certainly is not so decidedly against it, as to authorize this court to interpose and award a new trial on that ground against the opinion of the circuit judge.

Nor can we review the action of the court below in giving instructions as asked by appellee.

All the instructions asked by appellant were given, as were those asked by appellee, and at the close of those given for appellee, the bill of exceptions contains the following statement, *“To which plaintiffs excepted.*

That exception as was held by this court in *Kennedy*& *Bro. vs. Cunningham,*2 *Met.*538; *Letton, etc., vs. Young, etc., Ib.*558, and in *Cox vs. Winston,*3 *Met. 577,*is not sufficient to authorize this court to inquire into the error, if there be one, in granting *269the instructions; they should have been objected to, when asked for, and then the ruling of the court if given excepted to.

*Lindsey, J. E. Hays, McKee, for appellant.*

*James, Winfrey & Winfrey, Brents, for appellees.*

This ruling has been so long established as the meaning of *Section*364 *of C. C.,*and so often announced, that it should not now be departed from.

If the explanations given by the circuit judge of the instructions given to the jury when they returned after having retired to consult on their verdict, were prejudicial to appellant, which from his statement in the bill of exceptions is not satisfactorily manifested, still we think appellant should have excepted to it at the time to make it available as an error.

The affidavits under the repeated rulings of this court were insufficient to authorize a new trial. Wherefore the judgment must be affirmed.
1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

CLINT KRISLOV and MICHAEL POWERS, 

 Plaintiffs,

v.

COOK COUNTY OFFICERS ELECTORAL 

BOARD, HON. KAREN A. YARBROUGH, by 

Sisavanh Baker, HON. KIMBERLY FOXX, by 

Jessica M. Scheller, and HON. DOROTHY 

BROWN, by Meredith Hammer,

 Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

Case No.: 1:20-CV-00469

Honorable Virginia M. Kendall

MOTION TO DISMISS PLAINTIFF’S COMPLAINT

Defendants, The Cook County Officers’ Electoral Board, Hon. Karen A. Yarbrough, by 

Sisavanh Baker, Hon. Kimberly Foxx, by Jessica M. Scheller, and Hon. Dorothy Brown, by Meredith 

Hammer, by and through their attorney, KIMBERLY M. FOXX, State’s Attorney of Cook County, 

through her assistant, Lyle K. Henretty, moves this Honorable Court to dismiss Clint Krislov and 

Michael Powers’ Complaint pursuant to Fed. R. Civ. P. 12(b)(1-2 and 6) for the reasons set forth in 

the supporting memorandum.

Dated: February 12, 2020

Respectfully Submitted,

KIMBERLY M. FOXX

State’s Attorney of Cook County

By: /s/ Lyle Henretty

Lyle Henretty

Assistant State’s Attorney 

50 West Washington, Ste. 2760

Chicago, Illinois 60602

(312) 603-1424

lyle.henretty@cookcountyil.gov

For Defendants Cook County Officers’ Electoral 

Board, Hon. Karen A. Yarbrough by Sisavanh 

Baker, Hon. Kimberly Foxx, by Jessica M. Scheller, 

and Hon. Dorothy Brown, by Meridth Hammer

Case: 1:20-cv-00469 Document #: 10 Filed: 02/12/20 Page 1 of 1 PageID #:74
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h
Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,
J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk October 28, 2009

p1021 

# Order

October 28, 2009

139275

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 139275 COA: 290001 Calhoun CC: 2 008-000120-FH JAMES EDWARD KENDALL, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appe al the June 16, 2009 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.
NVLAP ASSESSOR BULLETIN AB-22-2018 PAGE 1 OF 1

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

National Voluntary Laboratory Accreditation Program

ISSUE DATE:

October 16, 2018

ASSESSOR BULLETIN NUMBER: AB-24-2018

LAP: ALL

SUBJECT: Revision to the application submission information for new and renewal applicant laboratories for 

accreditation to ISO/IEC 17025:2017

The purpose of this bulletin is to notify the assessors of the revision to the laboratory application submission 

information. These changes are applicable to all applicant laboratories.

In accordance with the NVLAP Transition Memorandum, dated December 15, 2017, NVLAP is transitioning our 

accredited laboratories to ISO/IEC 17025:2017. As of October 1, 2018, all NVLAP assessments are performed 

against ISO/IEC 17025:2017.

Beginning with the January 1, 2019 renewal submissions, the laboratories are required to submit a copy of the 

NVLAP General Criteria Checklist (ISO/IEC 17025:2017) in which the management system references have been 

completed for the required policy and procedure clauses. In addition, the laboratories are required to submit any

identified policies and procedures noted in the checklist.

Beginning with this renewal cycle, the completed checklist and required supporting policies/procedures submitted as 

part of the laboratory’s application will be available in the Lab Documents file and can be used to assist the 

assessors in preparing for the renewal assessments.

Please note that the checklist has been modified to highlight these required policy/procedure clauses and is available 

for download on the Assessor Portal, to be used during the assessment.

Please contact your program manager if you have any questions regarding the location and use of the updated

application documentation.
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</TABLE>
IV

105TH CONGRESS

1ST SESSION H. RES. 251

Expressing support for the goals of America Recycles Day.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 29, 1997

Mr. FARR of California (for himself, Mr. PORTER, Mr. GEJDENSON, and Mr.

GILCHREST) submitted the following resolution; which was referred to the

Committee on Commerce

RESOLUTION

Expressing support for the goals of America Recycles Day.

Whereas the people of the United States generate approximately 208,000,000 tons of municipal solid waste each

year, or 4.3 pounds per person per day;

Whereas the average office worker in the United States generates between 120 and 150 pounds of recoverable white

office paper a year;

Whereas the Environmental Protection Agency recently estimated that the recycling rate in the United States has

reached 27 percent of the solid waste stream;

Whereas making products from recycled materials allows the

people of the United States to get the most use of every

tree, every gallon of oil, every pound of mineral, every
2

HRES 251 IH

drop of water, and every kilowatt of energy that goes into

the products they buy;

Whereas manufacturing from recycled materials creates less

waste and fewer emissions;

Whereas recycling saves energy, reducing the need to deplete

nonrenewable energy resources;

Whereas it is estimated that 9 jobs are created for every

15,000 tons of solid waste recycled into new products;

Whereas recycling is completed only when recovered materials

are returned to retailers as new products and are purchased by consumers;

Whereas buying recycled products conserves resources and

energy, reduces waste and pollution, and creates jobs;

Whereas more than 4,500 recycled products are now available

to consumers;

Whereas the United States has a two-way, use and reuse system of recycling and buying recyclables;

Whereas Americans support recycling, but need a regular reminder of the importance of buying recycled content

products, the availability of recycled content products,

and how to recycle; and

Whereas states and localities throughout the country will be

establishing November 17, 1997, and November 15,

1998, as ‘‘America Recycles Day’’ in their communities:

Now, therefore, be it

1 Resolved, That—

2 (1) the House of Representatives supports the

3 goals of America Recycles Day; and
3

HRES 251 IH

1 (2) the House of Representatives requests that

2 the President issue a proclamation calling on the

3 people of the United States to support the goals of

4 each America Recycles Day with appropriate cere5 monies and activities.

Æ