alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### STATE OF NEW JERSEY, DEFENDANT IN ERROR, v. EDNA CLIFFORD, PLAINTIFF IN ERROR.

Submitted May 25, 1945

Decided September 27, 1945.

For the defendant in error, *Manfield G. Amliclce.*

For the plaintiff in error, *Louis Dworetz.*

Per Curiam.

The judgment under review herein should be affirmed, for the reasons expressed in the opinion delivered *per curiam*in the Supreme Court.

*For affirmance*— The Chancellor, Parker, Bodine, Oliphant, Wells, Raeeerty, Dill, Freund, McGeehan, JJ. 9.

*For reversal*— Case, Heher, Colie, JJ. 3.
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 14 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                       January 7, 1997.
    Resolved, That the following named Member be and is hereby elected to the 
following standing committees:
    Committee on Banking and Financial Services: Bernard Sanders of Vermont.
    Committee on Government Reform and Oversight: Bernard Sanders of Vermont.
            Attest:

                                                                          Clerk.
```
IV

105TH CONGRESS

1ST SESSION H. RES. 26

Requiring the House of Representatives to take any legislative action necessary to verify the ratification of the Equal Rights Amendment as

a part of the Constitution, when the legislatures of an additional 3

States ratify the Equal Rights Amendment.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 9, 1997

Mr. ANDREWS submitted the following resolution; which was referred to the

Committee on the Judiciary

RESOLUTION

Requiring the House of Representatives to take any legislative action necessary to verify the ratification of the

Equal Rights Amendment as a part of the Constitution,

when the legislatures of an additional 3 States ratify

the Equal Rights Amendment.

1 Resolved, That, when the legislatures of an additional

2 3 States ratify the Equal Rights Amendment, the House

3 of Representatives shall take any legislative action nec4 essary to verify the ratification of the Equal Rights

5 Amendment as a part of the Constitution.

Æ
Exhibit 99.1

CERTIFICATION OF

CHIEF EXECUTIVE OFFICER

OF MILLER EXPLORATION COMPANY

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 Quarterly Report of Miller Exploration Company (the Company) on Form 10-Q
for the quarter ended March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Kelly E. Miller, Chief Executive Officer of the Company, certify pursuant to 18 U.S.S. section 1350, as
adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my 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/    KELLY E.
MILLER              
|Kelly E. Miller                     
|Chief Executive Officer May 14, 2003



32
IV

House Calendar No. 27

105TH CONGRESS

1ST SESSION H. RES. 136

[Report No. 105–84]

Providing for consideration of the resolution (H. Res. 129) providing amounts

for the expenses of certain committees of the House of Representatives

in the One Hundred Fifth Congress.

IN THE HOUSE OF REPRESENTATIVES

APRIL 30, 1997

Mr. LINDER, from the Committee on Rules, reported the following resolution;

which was referred to the House Calendar and ordered to be printed

RESOLUTION

Providing for consideration of the resolution (H. Res. 129)

providing amounts for the expenses of certain committees

of the House of Representatives in the One Hundred

Fifth Congress.

1 Resolved, That upon the adoption of this resolution

2 it shall be in order without intervention of any point of

3 order to consider in the House the resolution (H. Res.

4 129) providing amounts for the expenses of certain com5 mittees of the House of Representatives in the One Hun6 dred Fifth Congress. The resolution shall be considered
2

HRES 136 RH

1 as read for amendment. The amendment in the nature of

2 a substitute recommended by the Committee on House

3 Oversight now printed in the resolution shall be considered

4 as adopted. The previous question shall be considered as

5 ordered on the resolution, as amended, to final adoption

6 without intervening motion or demand for division of the

7 question except: (1) one hour of debate equally divided and

8 controlled by the chairman and ranking minority member

9 of the Committee on House Oversight; and (2) one motion

10 to recommit.

House Calendar No. 27

105TH CONGRESS

1ST SESSION H. RES. 136

[Report No. 105–84]

RESOLUTION

Providing for consideration of the resolution (H.

tives in the One Hundred Fifth Congress.certain committees of the House of RepresentaRes. 129) providing amounts for the expenses of

APRIL 30, 1997

Referred to the House Calendar and ordered to be

printed
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-START>                              JUL-1-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                          58,865
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                88,865
<PP&E>                                         219,905
<DEPRECIATION>                                  28,436
<TOTAL-ASSETS>                                 425,219
<CURRENT-LIABILITIES>                          827,432
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        50,294
<OTHER-SE>                                    (452,507)
<TOTAL-LIABILITY-AND-EQUITY>                   425,219
<SALES>                                        241,802
<TOTAL-REVENUES>                               241,802
<CGS>                                                0
<TOTAL-COSTS>                                  896,536
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,511
<INCOME-PRETAX>                               (658,245)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (658,245)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (658,245)
<EPS-BASIC>                                       (.01)
<EPS-DILUTED>                                     (.01)


</TABLE>
<PAGE>
EXHIBIT 32

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
               PURSUANT TO 18 U.S.C. SS. 1350 ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

         In connection with the Report of Physical Spa & Fitness Inc. (the
"Company") on Form 10-Q for the quarter ended September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Robert Chui, 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 result of operations of the Company.

/s/ Robert Chui
-------------------------
Robert Chui
Chief Financial Officer

November 19, 2004
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of River RockEntertainment Authority (the “Authority”) on Form 10-K for the year endingDecember 31, 2007 as filed with the Securities and Exchange Commission onthe date hereof (the “Report”), I, Joseph R. Callahan, Chief Financial Officerof the Authority, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to§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 the Report fairly presents, in all material respects,the financial condition and results of operations of the Authority.

 
| By:                     | /s/ JOSEPH R. CALLAHAN |   |
|-------------------------|------------------------|--------|
| Joseph R. Callahan      |                   |
| Chief Financial Officer |                   |
| April 14, 2008     |                   |

 

A signed original of this written statement requiredby Section 906 has been provided to the River Rock Entertainment Authorityand will be retained by the River Rock Entertainment Authority and furnished tothe Securities and Exchange Commission or its staff upon request.

 

----
IV

105TH CONGRESS

1ST SESSION H. RES. 286

Expressing the condolences of the House on the death of the Honorable

Walter H. Capps, a Representative from the State of California.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 29, 1997

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

agreed to

RESOLUTION

Expressing the condolences of the House on the death of

the Honorable Walter H. Capps, a Representative from

the State of California.

1 Resolved, That the House has heard with profound

2 sorrow of the death of the Honorable Walter H. Capps,

3 a Representative from the State of California.

4 Resolved, That a committee of such Members of the

5 House as the Speaker may designate, together with such

6 Members of the Senate as may be joined, be appointed

7 to attend the funeral.

8 Resolved, That the Sergeant at Arms of the House

9 be authorized and directed to take such steps as may be

10 necessary for carrying out the provisions of these resolu-
2

HRES 286 ATH

1 tions and that the necessary expenses in connection there2 with be paid out of the contingent fund of the House.

3 Resolved, That the Clerk of the House communicate

4 these resolutions to the Senate and transmit a copy there5 of to the family of the deceased.

6 Resolved, That when the House adjourns today, it

7 adjourn as a further mark of respect to the memory of

8 the deceased.

Æ
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

<R>
In connection with the Quarterly Report of XML - Global Technologies, Inc. (the "Company") on Form 10-QSB for the period ending December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, Peter Shandro, Chief Executive Officer of the Company, and Simon Anderson, 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 result of operations of the Company.

/s/ Peter Shandro                 Peter Shandro, Chief Executive 
Officer
February 14, 2003

/s/ Simon Anderson                 Simon Anderson, Chief Financial 
Officer
June 14, 2004, nunc pro tunc
February 14, 2003
</R>
#### Dora Kelly and James Kelly, plaintiffs, *vs.*John P. Jeroloman, defendant.

1. When an order absolutely enjoins a defendant to refrain from doing certain acts, until the further order of the court, although it also requires him to . show cause, at special term, why such injunction should not be continued until the final determination of the action, there is no necessity for making an additional order to continue the injunction.

2. Upon hearing such motion merely to continue the injunction, the court cannot relieve the defendant from the restriction placed upon him by the previous order; which can only be'done upon an original motion by him, made on notice, or an order directing the plaintiffs to show cause why the same should not be vacated or modified.

(Before Barbour, J. at special term,

November —, 1867.)

*159This is a motion by the plaintiff, to continue an injunction. It is based upon an order of a judge enjoining the defendant to refrain from collecting or attempting to collect from the plaintiffs certain rents, or from taking any proceedings to dispossess or remove such plaintiffs from certain premises, until the further order of the court; and also requiring the defendant to show cause, at special term, why the said injunction should not be continued until the final determination of the action.

*Gleason & Babcock,*for the plaintiffs.

*Charles*N. *Black,*for the defendant.

Barbour, J.

As the plaintiffs have already obtained an order enjoining the defendant until the further order of ihe court, I see no necessity for an additional order to the same effect.' The order already made will continue in force until the final determination of the action, unless the defendant shall obtain another dissolving it, and the order already made by the justice at chambers is quite as effective without, as it would be with, the ratification thereof by another judge sitting at special term, to say nothing of the indelicacy of such an unnecessary proceeding.

35Tor, on the other hand, am I able to perceive how the court can relieve the defendant upon this motion from the restriction placed upon him by the order which has been made; inasmuch as it cannot, properly, be set aside, vacated or modified, except upon his motion, on notice, or an order directing the plaintiffs to show cause why the same should not be vacated or modified.

It is not like the case provided for in the 223d section of the Code, where,- in case the judge shall deem it proper that the defendant be heard before granting the injunction, *160he may make an order requiring cause to be shown why such injunction should not be granted, and may, in the meantime, restrain the defendants; for, here, the injunction order, and all the order, it must be assumed, that the ■plaintiffs were entitled to, has already been granted.

The motion must be denied, but without costs, as none of these objections, which are jurisdictional, were taken by the counsel at the hearing.
Exhibit 23.3

 

Consent of Independent Auditors

 

We consent to the incorporation by reference in the following Registration Statements of Medical Properties Trust, Inc.:

 

| (1) | Registration Statement (Form S-3 No. 333-229103) of Medical Properties Trust, Inc., |
|-----|-------------------------------------------------------------------------------------|

| (2) | Registration Statement (Form S-8 No. 333-190533) pertaining to the Medical Properties Trust, Inc. 2013 Equity Incentive Plan, |
|-----|-------------------------------------------------------------------------------------------------------------------------------|

| (3) | Registration Statement (Form S-8 No. 333-161409) pertaining to the Second Amended and Restated Medical Properties Trust, Inc. 2004 Equity Incentive Plan, |
|-----|-----------------------------------------------------------------------------------------------------------------------------------------------------------|

| (4) | Registration Statement (Form S-8 No. 333-130337) pertaining to the Amended and Restated Medical Properties Trust, Inc. 2004 Equity Incentive Plan, and |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------|

| (5) | Registration Statement (Form S-8 No. 333-126574) pertaining to the Amended and Restated Medical Properties Trust, Inc. 2004 Equity Incentive Plan |
|-----|---------------------------------------------------------------------------------------------------------------------------------------------------|

 

of our report dated June 28, 2019, (except for Recently Issued or Adopted Accounting Pronouncements included in Note 2, as to which the date is August 5, 2019) with respect to the consolidated financial statements of Steward Health Care System LLC incorporated by reference in this Annual Report (Form 10-K/A) of Medical Properties Trust, Inc. for the year end December 31, 2018.

 

 

/s/ Ernst and Young LLP

 

Dallas, Texas

August 5, 2019
#### William H. Proctor and Thomas Haggerty v. Thomas Lewis.

*Joint judgment reqimresfull service.*

Joint judgment cannot be entered against several defendants when service of process against a portion of'them has neither been made nor attempted.

Certiorari to Daniel Sheehan, justice of the peace. Proceedings quashed.

April 10.

April 18

*James 3. Pound*for plaintiff in certiorari.

A joint judgment cannot be rendered against garnishees unless each is served not only with the summons in garnishment but with the order to show cause : *Wetherwax v. Paine*2 Mich. 559 ; *Botsford v. Simmons*32 Mich. 352 ; *Hirth v. Pfeifle*42 Mich. 31; *Markham v. Gehan*id. 74 ; *Sierers v. Woodhurn Barren Wheel Co.*43 Mich. 277.

*Jay Fuller*for defendant in certiorari.

Cooley, J.

The writ of certiorari in this case is issued at the instance of William H. Proctor, and brings before us the proceedings in a case in which said Proctor and Thomas Haggerty were garnished at the suit of Thomas Lewis, as debtors of Joseph Martin and Isaac Finehart, before Daniel Sheehan, justice. The garnishee summons was served on Proctor alone, and without any return of not found as to Haggerty, the justice proceeded with the case, and Proctor disclosed an indebtedness of himself and Haggerty to the principal defendants in the sum of thirty-seven dollars and twenty cents. On a subsequent day a summons to show cause why judgment should not be rendered against the garnishees was issued, which was served on Haggerty alone, and returned without any showing that Proctor could not be found. On the return-day Haggerty appeared, and made various objections to the proceedings as being without *330jurisdiction, but these were overruled, and he was put on the stand as a witness. lie then testified that when these proceedings were commenced Proctor & Haggerty were not indebted to Martin *&*Finehart in any sum; but that he himself had been garnished for the debt which Lewis was now endeavoring to reach, and had paid it. The justice disregarded this evidence, and gave judgment for the plaintiff. Proctor knew nothing of these last proceedings until it was too late to remove the ease to the circuit court, but as soon as he heard of them he took steps to remove the proceedings into this Court.

The proceedings before the justice were full of errors, but we need consider only the entry of a joint judgment against two persons, as to one of whom there was neither service nor attempt to make service. There is no authority of law for this.

The proceedings must be quashed with costs of this Court.

The o'ther Justices concurred.
Exhibit 31.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER  PURSUANT TO SECTION 302 OF SARBANES-OXLEY ACT

I,
G.J. Hart, certify that:

1.     I
have reviewed this report on Form 10-K of Texas Roadhouse, Inc.;

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 registrant as of, and for, the periods presented in this report;

4.     The
registrant's other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the registrant and have:



5.     The
registrant's other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's
auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):



Date: February 27, 2009

By:

/s/ G.J. HART G.J. Hart
President, Chief Executive Officer


---



QuickLinks
EXHIBIT 32.60

 

 

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 Quarterly Report on Form 10-Q of Dollar Thrifty Automotive Group, Inc. (the “Company”) for the period ended June 30, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, H. Clifford Buster III, Chief Financial Officer of the Company, certify 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; 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/ H. Clifford Buster III

H. Clifford Buster III

Chief Financial Officer

August 6, 2009

 

 

 

 

 

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 Dollar Thrifty Automotive Group, Inc. and will be retained by Dollar Thrifty Automotive Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### Chas. Cecil *v.*J. M. Gardner.

Bonds — Proceedings On By Motion.

If the proceeding by motion was erroneous the appearance to the motion and making same defense that could have been made in a suit on the bond was a waiver.

APPEAL FROM HARDIN CIRCUIT COURT.

February 22, 1872.

*Wilson, for appellant.*

*Marriott, for appellee.*

Opinion of the Court by

Judge Pryor:

If the proceeding by motion to recover of the appellant was erroneous (which we do not decide) the appearance of the appellant to the motion and upon the hearing making the same defense that could have been made in a suit upon the bond without interposing any objection whatever, until judgment was rendered against him is a waiver of all the objections that he is now making for the first time in this court. There is no- proof of either fraud or mistake in the execution of the bond. The judgment of the court below is affirmed.