alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Charles E. Gardner and Mary J. Morse v. Marcena Thayer.

*Homestead*— Special *finding.*

Ejectment for eighty acres of land was brought by heirs of an insane person against the purchasers at a guardian’s sale on the ground that the premises included a homestead. The court made a special finding that at the time the owner became insane he was occupying the premises with his family, and that the home was partly situated on the north forty and part on land not mentioned in the declaration. *Held*that as the finding did not show that a homestead existed at the time of the guardian’s sale, or enable it to be identified, the action could not be sustained.

Error to Cass. (A. J. Smith, J.)

Jan. 12.

Feb. 27.

Ejectment. Plaintiffs bring error.

Affirmed.

*O. W. Coolidge*and *M. Howell*for appellants.

*Harsen D. Smith*for appellee.

Marston, J.

Plaintiffs brought ejectment to recover the N. *i*of E. iof S. *W.*i; the S.* of E. £ of S. *W.*£, and the undivided £ of S. -J of E. of S. *W. \*of section 32, T. 7 S., R 15 W.

The cause was tried and a finding of facts made by the court. The material question upon this record is whether the premises, or any part thereof, were the homestead of George F. Gardner during his life-time.

The court found as facts, that previous to the year 1857 George F. Gardner became the owner in fee of the premises described in the plaintiffs’ declaration; that at the time Gardner became insane in August, 1857, he was occupying *129the premises with his family, his wife and two minor children, the latter the plaintiffs in this case; that there was about sixty acres cleared on the eighty; *“*that the home occupied by the family was partly situated on the north forty and part on land not mentioned in the declaration, formerly owned by Gardner.”

Under this finding it is utterly impossible to ascertain any particular forty acres of land constituting a homestead. These lands were sold in January, 1858, at a guardian’s sale and the defendant claims title thereto thereunder. The claim made is that the homestead could not be sold in' this way, upon the petition of the guardian of the insane person, unless the wife of Gardner joined in the conveyance.

The court not having found a homestead existing at that time, nor facts from which any particular part of the premises in dispute can be designated as constituting the homestead of Gardner, the plaintiffs in this case must fail and we need not pass upon the other questions raised in the case.

The judgment must be affirmed with costs.

Graves, O. J. and Cooley, J. concurred.
#### In re BISHOP et al.

Civil Action No. 1131.

District Court, D. New Jersey.

June 20, 1947.

*200Nichols & Belford, of New York City, for petitioners.

MEANEY, District Judge.

Petitioners herein are creditors of the bankrupts and seek by this motion an order directing that the balance of unclaimed dividends be distributed and paid over pro rata, to them. One of the said petitioners, Bank of Montreal, is an original creditor, each of the remaining four is a successor in interest to four original creditors.

The original bankruptcy was filed herein on or about February 4, 1875, and the bankrupts were adjudged such on or about February 16, 1875. Thereafter, a first dividend at the rate of 10% was declared on or about December 8, 1884, and on March 8, 1916, a second and final dividend was declared at the rate of 12.3405%.

Certain of the creditors were not paid their dividends, nor was claim made for them. On May 8, 1925, pursuant to Section 66, sub. a, of the Bankruptcy Act, 11 U.S.C.A. § 106, sub. a, the trustee deposited such unclaimed dividends with the clerk of this Court, who subsequently on September 23, 1931, deposited them with the treasurer of the United States, pursuant to the provisions of 28 U.S.C.A. § 851.

None of the petitioners’ claims have been paid in full, and they now seek to have the unclaimed dividends paid to them pro rata to apply to the balance due on their respective claims. No opposition has appeared to the application. The requirements for payment as set forth in In re MacMasters et al., D. C, 60 F.Supp. 733, appear to have been met and the right of, the petitioners to apply at this date is found under Section 66, sub. b, of the Bankruptcy Act, 11 U.S.C.A. § 106, sub. b. *

In the course of oral argument, it was represented to the Court that every effort was made to serve notice on all parties interested, who could be traced. This, however, does not appear to be a necessary prerequisite to determination.

The section of the statute referred to, is mandatory upon the Court upon proper proofs. In view of the period of time elapsed since the final dividend, these petitioners, having moved for a pro rata distribution are entitled to have their motion granted. The dilatory creditor who has not moved has no grounds for complaint.

Accordingly, the motion is granted.

An order may be entered directing that unclaimed dividends herein be distributed and paid over pro rata to the petitioners to apply on account of their respective claims.

*

11 U.S.C.A. § 108, sub. b: “Dividends remaining unclaimed for one year shall, under the direction of the court, be distributed to the creditors whose claims have been allowed but not paid in full, and after such claims have been paid in full the balance shall be paid to tha bankrupt: Provided, That, in case unclaimed dividends belong to minors, such minors may have one year after arriving at majority to claim such dividends.”
Order entered October 9, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00833-CV

TSM DEVELOPMENT, LLC, Appellant

V.

PLANO ICE HOUSE, LLC, Appellee

On Appeal from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause No. 366-05099-2017

ORDER

Before the Court is appellant’s October 3, 2019 opposed motion to extend time to file its 

opening brief. We GRANT the motion and ORDER appellant’s opening brief be filed no later 

than November 4, 2019.

/s/ BILL WHITEHILL

JUSTICE
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

 

Everett McKinley Dirksen 

United States Courthouse 

Room 2722 - 219 S. Dearborn Street 

Chicago, Illinois 60604

Office of the Clerk 

Phone: (312) 435-5850 

www.ca7.uscourts.gov 

 

NOTICE OF DOCKETING - Short Form 

June 1, 2021 

To: Thomas G. Bruton 

Clerk of Court 

The below captioned appeal has been docketed in the United States Court of Appeals for the 

Seventh Circuit: 

 

Appellate Case No: 21-2023 

Caption: 

INVENTUS POWER, INC. and ICC ELECTRONICS (DONGGUAN) 

LTD., 

 Plaintiffs - Appellees 

v. 

SHENZHEN ACE BATTTERY CO., LTD., 

 Defendant - Appellant 

District Court No: 1:20-cv-03375 

Court Reporter Patrick Mullen 

District Judge Robert M. Dow 

Clerk/Agency Rep Thomas G. Bruton 

Date NOA filed in District Court: 05/29/2021 

If you have any questions regarding this appeal, please call this office. 

form name: c7_Docket_Notice_short_form (form ID: 188) 

Case: 21-2023 Document: 1-3 Filed: 06/01/2021 Pages: 1

Case: 1:20-cv-03375 Document #: 165 Filed: 06/01/21 Page 1 of 1 PageID #:4322
{"version":"1.0","provider_name":"NASA","provider_url":"https:\/\/www.nasa.gov","author_name":"Dede Dinius","author_url":"https:\/\/www.nasa.gov\/author\/darin-l-diniusnasa-gov\/","title":"Scott J. Howe","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"EL7dseD4UD\"><a href=\"https:\/\/www.nasa.gov\/people\/scott-j-howe\/\">Scott J. Howe<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.nasa.gov\/people\/scott-j-howe\/embed\/#?secret=EL7dseD4UD\" width=\"600\" height=\"338\" title=\"“Scott J. Howe” — NASA\" data-secret=\"EL7dseD4UD\" 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\/01\/ed14-0322-06_p.jpg?w=600","thumbnail_width":600,"thumbnail_height":800}
**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 Vistula Communications Services, Inc.
      (the
“Company”) on Form 10-KSB for the year ended December 31, 2006 as filed with the
      Securities and Exchange Commission on the date hereof (the “Report”), I, Jared
      P. Taylor, Chief Financial Officer of the Company, certify, to my best knowledge
      and belief, pursuant to 18 U.S.C.§ 1350, 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 the Company.




/s/Jared P. TaylorJared
                P. Taylor
              Chief
                Financial Officer




Dated:
      April 17, 2007





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 Vistula Communications Services, Inc.
      and
      will be retained by Vistula Communications Services, Inc. and furnished to
      the
      Securities and Exchange Commission or its staff upon request.
##### 



Exhibit 31.2
 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      a)
    
    designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period in
which this report is being prepared;b)
    
    designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes in accordance with generally
accepted accounting principles;c)
    
    evaluated the effectiveness of the registrants disclosure controls and
procedures, and presented in this report our conclusions about the effectiveness of the
disclosures controls and procedures, as of the end of the period covered by this report
based on such evaluation; andd)
    
    disclosed in this report any change in the registrants internal control over
financial 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 has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  a)
    
    all significant deficiencies and material weaknesses in the design or operation
of internal controls over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report financial
information; andb)
    
    any fraud, whether or not material, that involves management or other employees
who have a significant role in the registrants internal control over financial
reporting.
  /s/  Eric W. FinlaysonEric W. FinlaysonSenior Vice President and Chief Financial Officer
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 22-1369

DAN C. GRAMATIC,

Plaintiff - Appellant,

v.

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Claude M. Hilton, Senior District Judge. (1:21-cv-00903-CMH-TCB)

Submitted: October 18, 2022 Decided: October 20, 2022

Before WYNN and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Dan C. Gramatic, Appellant Pro Se. Meghan Elizabeth Loftus, Assistant United States 

Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-1369 Doc: 19 Filed: 10/20/2022 Pg: 1 of 2
2

PER CURIAM:

Dan C. Gramatic seeks to appeal the magistrate judge’s order denying his self-styled 

motion to continue disability benefit payments and the district court’s order transferring 

his case to the United States District Court for the District of Colorado. This court may 

exercise jurisdiction only over final orders, 28 U.S.C. § 1291, and certain interlocutory and 

collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan 

Corp., 337 U.S. 541, 545-46 (1949). The orders Gramatic seeks to appeal are neither final 

orders nor appealable interlocutory or collateral orders. See TechnoSteel, LLC v. Beers 

Constr. Co., 271 F.3d 151, 160-161 (4th Cir. 2001) (holding that court of appeals lacks 

jurisdiction to review transfer order once case file is transferred to court outside circuit and 

nonappealable interlocutory or collateral decisions also transfer with case). Accordingly, 

we dismiss the appeal for lack of jurisdiction. We dispense with oral argument because 

the facts and legal contentions are adequately presented in the materials before this court 

and argument would not aid the decisional process.

DISMISSED

USCA4 Appeal: 22-1369 Doc: 19 Filed: 10/20/2022 Pg: 2 of 2
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Exhibit 99.1        Officer's Certificate regarding Annual Statement of
                    Compliance of Washington Mutual Mortgage Securities Corp.

                   WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.
                              OFFICER'S CERTIFICATE

The undersigned officer of Washington Mutual Mortgage Securities Corp., a
Delaware corporation (the "Company") hereby certifies on behalf of the Company
and on his own behalf for purposes of the WaMu Mortgage Pass-Through
Certificates, Series 2004-RS2, as follows:

1. I am a duly appointed and qualified First Vice President of the Company.

2. Capitalized terms used and not defined herein shall have the meanings
ascribed to such terms in the Pooling and Servicing Agreement related to the
above-referenced series of Certificates.

3. I am duly authorized to execute and deliver this Officer's Certificate on
behalf of the Company.

4. A review of the activities of the Master Servicer during the preceding
calendar year and performance under this Agreement has been made under my
supervision.

5. To the best of my knowledge, based on such review, the Master Servicer has
fulfilled all its obligations under the Agreement throughout such year.



     IN WITNESS WHEREOF, I have signed my name as of March 29, 2005.





                   WASHINGTON MUTUAL MORTGAGE SECURITIES CORP.


                     By: /s/ Thomas G. Lehmann
                         -------------------------------------
                         Thomas G. Lehmann
                         First Vice President
**EXHIBIT 32.1**

 

**CERTIFICATION**

 

In connection with the quarterly report of Xponential, Inc. (the“Company”) on Form 10-QSB/A for the quarter ended March 31, 2004, as filedwith the Securities and Exchange Commission on the date hereof (the “Report”),I, Dwayne A. Moyers, the Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

2.                                       Theinformation contained in this Report fairly presents, in all material respects,the financial conditions and results of operations of the Company.

 

 
| Date: August 27, 2004 | /s/ Dwayne A. Moyers    |
|----------------------------|-------------------------|
|                       | Dwayne A. Moyers        |
|                       | Chief Executive Officer |

 

----
EXHIBIT E 

Case: 1:20-cv-03927 Document #: 1-5 Filed: 07/06/20 Page 1 of 2 PageID #:104
Case: 1:20-cv-03927 Document #: 1-5 Filed: 07/06/20 Page 2 of 2 PageID #:105
IV

105TH CONGRESS

2D SESSION H. RES. 379

Returning to the Senate the bill S. 104.

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1998

Mr. ENSIGN submitted the following resolution; which was considered and

agreed to

RESOLUTION

Returning to the Senate the bill S. 104.

1 Resolved, That the bill of the Senate (S. 104) to

2 amend the Nuclear Waste Policy Act of 1982, in the opin3 ion of this House, contravenes the first clause of the sev4 enth section of the first article of the Constitution of the

5 United States and is an infringement of the privileges of

6 this House and that such bill be respectfully returned to

7 the Senate with a message communicating this resolution.

Æ