alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
10086.

#### Rogers *v.*Murray.

Decided September 18, 1919.

Stephens, J.

1. There was evidence sufficient to authorize the jury to find that the defendant was negligent in setting out the fire on a very windy day in close proximity to the plaintiff’s property, and in failing to adequately protect or guard the fire so as to prevent its spread to the plaintiff’s property, and that such negligence on the part of the defendant was the proximate cause of the destruction of the plaintiff’s property. The verdict, having the approval of the trial judge, will not be disturbed.

2. The special assignments of error are but amplifications of the general assignments.

*Judgment affirmed.*

*Broyles, P. J., and Bloodworth, J., concur.*

*170Action for damages; from city court of Oglethorpe—Judge Greer. July *29,*1918.

*J. J. Bull & Son,*for plaintiff in error.

*John B. Guerry,*contra.
**Exhibit 32.1**

 

 

 

**CERTIFICATION**

 

 

Pursuant to 18 U.S.C. §1350, the undersigned officer of ING Life Insurance and Annuity Company (the “Company”) hereby certifies that, to the officer’s knowledge, the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2007 (the “Report”) fully complies with the requirements of Section 13 or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

| May 14, 2007

  | By:    | /s/       David A. Wheat                                                                     |   |
|----------------------|--------|---------------------------------------------------------------------------------------------------------------------------------|--------|
| (Date)

        |   | David A. Wheat

Director, Executive Vice President and

Chief Financial Officer

  |   |

 

 

----
10869.

#### Harris *v.*The State.

Decided November *4,*1919.

Accusation of possessing intoxicating liquors, from city court of Dublin. August 18, 1919.

From the evidence it appeared that seven quarts and a pint of whisky were found in the room of Cora Lee Harris, the defendant, *356by two officers who together were searching the house in her absence. The whisky was concealed in the wall, under a window sill, whore a piece had been sawed out of the ceiling and the window curtains dropped down over it. On taking out a piece of ceiling which had holes bored in it the officers found the whisky. The house was “a common negro house, with two rooms in front and two shed-rooms on the back, with a stack chimney in the middle, and Cora Leo’s apartment was in one end of the house. . . It seemed like somebody was living in the other end of the house.” A woman was in that end, and a curtain hung between the two parts of the house; one of the witnesses thought the partition had been taken out. The officers sent for the defendant, and a day or two later she came to one of them and said she wanted to “fix up the bond,” that she had found whose whisky was in her house; it belonged to “a fellow named Jonas Harris;” and on her statement he was arrested, and a pint of whisky was found on him. These officers were the only witnesses at the trial. In her statement at the trial the defendant said she was married and ivas living with her husband when the whisky was found; 'that another woman was living in the same house; that she did not see the whisky and knew nothing of it; that after one of the officers had asked her about it the man who brought it there came and called for his whisky, and she told the officer about it.

*355Luke, J.

The evidence did not authorize the conviction of the defendant upon the charge of unlawfully possessing intoxicating liquors. It was error to overrule her motion for a new trial.

*Judgment reversed.*

Broyles, *G. J., and Bloodworth, J., concur.*

*356
      *Smythe Burch, W. A. Dampier,*for plaintiff in error.
Exhibit 31.2



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002



I, Patricia G. Kriss, certify that:



1. I have reviewed this quarterly report on Form 10-QSB of Entropin, Inc.;



2. Based on my knowledge, this quarterly 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 quarterly report;



3. Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this quarterly report;



4. The small business issuer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)) for the small business issuer and we have:



(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 small business issuer,
is made known to us by others within this entity, particularly during the period in which this quarterly report is being prepared;



(b) evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this report our conclusions about
the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this quarterly report based on such evaluation; and



(c) disclosed in this quarterly report any change in the small business issuers internal control over financial reporting that occurred during the
small business issuers most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and



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



(a) all significant deficiencies and material weaknesses in
the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; and



(b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuers internal control over financial reporting.



Date: November 12, 2004



|                                         
|-----------------------------------------
|/s/ Patricia G. Kriss                    
|Patricia G. Kriss Chief Financial
Officer
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0000836616
<NAME> PREMIER BANCSHARES, INC.
<MULTIPLIER> 1000
       
<S>                             <C>                     
<PERIOD-TYPE>                   3-MOS                   
<FISCAL-YEAR-END>                          DEC-31-1998  
<PERIOD-START>                             JAN-01-1998  
<PERIOD-END>                               MAR-31-1998  
<CASH>                                          32,703  
<INT-BEARING-DEPOSITS>                           3,988  
<FED-FUNDS-SOLD>                                26,216  
<TRADING-ASSETS>                                     0 
<INVESTMENTS-HELD-FOR-SALE>                    102,177 
<INVESTMENTS-CARRYING>                          99,860 
<INVESTMENTS-MARKET>                           102,177 
<LOANS>                                        628,575 
<ALLOWANCE>                                      8,849 
<TOTAL-ASSETS>                                 822,288 
<DEPOSITS>                                     683,095 
<SHORT-TERM>                                    19,761 
<LIABILITIES-OTHER>                              6,473 
<LONG-TERM>                                     40,588 
<PREFERRED-MANDATORY>                                0 
<PREFERRED>                                          0 
<COMMON>                                        15,291 
<OTHER-SE>                                      57,080 
<TOTAL-LIABILITIES-AND-EQUITY>                 822,288 
<INTEREST-LOAN>                                 14,838 
<INTEREST-INVEST>                                1,622 
<INTEREST-OTHER>                                   386 
<INTEREST-TOTAL>                                16,846 
<INTEREST-DEPOSIT>                               7,246 
<INTEREST-EXPENSE>                               8,419 
<INTEREST-INCOME-NET>                            8,427 
<LOAN-LOSSES>                                        0 
<SECURITIES-GAINS>                                   0 
<EXPENSE-OTHER>                                 11,035 
<INCOME-PRETAX>                                  5,167 
<INCOME-PRE-EXTRAORDINARY>                           0 
<EXTRAORDINARY>                                      0 
<CHANGES>                                            0 
<NET-INCOME>                                     3,571 
<EPS-PRIMARY>                                      .23 
<EPS-DILUTED>                                      .23 
<YIELD-ACTUAL>                                    4.57 
<LOANS-NON>                                        584 
<LOANS-PAST>                                       176 
<LOANS-TROUBLED>                                     0 
<LOANS-PROBLEM>                                      0 
<ALLOWANCE-OPEN>                                 8,847 
<CHARGE-OFFS>                                      158 
<RECOVERIES>                                       160 
<ALLOWANCE-CLOSE>                                8,849 
<ALLOWANCE-DOMESTIC>                                 0 
<ALLOWANCE-FOREIGN>                                  0 
<ALLOWANCE-UNALLOCATED>                              0 
        

</TABLE>
10734.

#### Rafe *v.*The State.

Decided November 4, 1919.

Conviction of manslaughter; from Morgan superior court—Judge Park. May 24, 1919.

*E. W. Butler, M. C. Feto,*for plaintiff in error.

*Doyle Campbell, solicitor-general,*contra.

Luke, J.

1. An indictment for murder is sufficient, and not subject to demurrer upon the ground that it “wholly omits to disclose the death of the alleged injured person, in that such death was caused or brought about by the alleged ^ct of the defendant,” here the indictment charges that the defendant did “with force and arms wrongfully, unlawfully and with malice aforethought, kill and murder one Jeff Peoples, a human being in the peace of the State then and there being, by then and there striking the said Jeff Peoples with a certain heavy brick and rock and thereby inflicting upon the said Jeff Peoples a mortal wound,” etc.

2. The trial judge did not abuse the discretion with which he is by law charged, in allowing State to reopen the ease and introduce other testimony after the defendant closed his evidence.

3. It was not error, under the evidence in this ease, for the court to charge upon the law of voluntary manslaughter. The evidence authorized the verdict, which has the approval of the court, and for no error assigned did the court err in overruling the motion for a new trial.

*Judgment affirmed.*

*Broyles, C. J., and Bloodworth, J., concur.*
**Exhibit 32.1**

 

**CERTIFICATION**

 

Pursuant to 18 U.S.C. §1350, the undersigned officer of ING Life Insurance and Annuity Company (the “Company”) hereby certifies that, to the officer’s knowledge, the Company’s Quarterly Report on Form 10-Q for the quarter ended March 31, 2011 (the “Report”) fully complies with the requirements of Section 13 or 15(d), as applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 
| May 6, 2011                      | By:    | /s/                                                                                                            | Ewout L. Steenbergen |
|--------------------------------------------|--------|----------------------------------------------------------------------------------------------------------------|----------------------|
|       (Date) |   | Ewout L. Steenbergen

Executive Vice President and

Chief Financial Officer |

 

----
Exhibit 32  TEMPCO, INC. AND SUBSIDIARIES  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 Tempco, Inc. (the Company) for the quarter ended December 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Stanley L. Schloz, President, Chief Executive Officer and Chief Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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.  By:/s/ Stanley L. SchlozStanley L. Schloz
President and Chief Executive Officer and Chief Financial OfficerDated:February 3, 2011
10409.

#### DeMent *et al. v.*Rogers.

Smith, J.

I. In an action for fraud and deceit in the sale and purchase of a horse and buggy the measure of damages is “the difference between the value of the thing sold at the time of delivery and what would have been its then value if the representation made by the defendant had been true.” *Millirons*v. *Dillon,*100 *Ga.*656 (28 S. E. 385).

2. Under the above ruling the court erred in charging the jury that if they found that the contract in this ease was entered into through deceit, and that the plaintiff was deceived in selling the property, it would be their duty to find in favor of the plaintiff for the amount sued for, with interest from the time of the delivery of the horse and buggy. This ruling applies to the 7th, 8th, and 9th grounds of the motion for a new trial.

*(a)*Moreover, the language complained of in these grounds of the amendments to the motion for a new trial contains an intimation of opinion upon the evidence, in violation of the Civil Code (1910), § 4863.

*439Decided November 19, 1919.

Attachment; from Tattnall superior court—Judge Sheppard.

*Qollms & Stanfield,*for plaintiff in error.

*W. T. Burkhalter,*contra.

3. The other assignments of error are without substantial merit, or the alleged errors are not likely to recur on another trial.

*Judgment reversed.*

*Jenkins, P. J., and Stephens, J., concur.*
Exhibit 31.2

I, Anthony E. Applebaum, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Mera
     Pharmaceuticals, Inc.;

2.   Based on my knowledge, this quarterly 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 quarterly report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this quarterly 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
     quarterly report;

4.   The Company's other certifying officers and I are responsible for
     establishing and maintaining disclosure controls and procedures (as defined
     in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:

     d)   designed such disclosure controls and procedures to ensure that
          material information relating to the Company, including its
          consolidated subsidiaries, is made known to us by others within those
          entities, particularly during the period in which this quarterly
          report is being prepared;

     e)   evaluated the effectiveness of the Company's disclosure controls and
          procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and

     f)   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   The Company's other certifying officers and I have disclosed, based on our
     most recent evaluation, to the Company's auditors and the audit committee
     of Company's board of directors (or persons performing the equivalent
     functions):

     c)   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the Company's ability to record,
          process, summarize and report financial data and have identified for
          the Company's auditors any material weaknesses in internal controls;
          and

     d)   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the Company's internal
          controls; and

6.   The Company's other certifying officers and I have indicated in this
     quarterly report whether there were significant changes in internal
     controls or in other factors that could significantly affect internal
     controls subsequent to the date of our most recent evaluation, including
     any corrective actions with regard to significant deficiencies and material
     weaknesses.

Date:   March 15, 2004

/s/ANTHONY E. APPLEBAUM
------------------------------------------
Anthony E. Applebaum
Principal Financial and Accounting Officer



<PAGE>
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 16-60012

Summary Calendar

SHUN CHEN,

Petitioner,

versus

JEFFERSON B. SESSIONS, III, U.S. Attorney General,

Respondent.

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A089 878 466

Before JOLLY, SMITH, and GRAVES, Circuit Judges.

PER CURIAM:*

Shun Chen, a native and citizen of the People’s Republic of China,

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 24, 2017

Lyle W. Cayce

Clerk

 Case: 16-60012 Document: 00513964380 Page: 1 Date Filed: 04/24/2017
No. 16-60012

2

petitions for review of a decision by the Board of Immigration Appeals (“BIA”) 

dismissing his appeal of a decision of an immigration judge (“IJ”) denying his

application for asylum, withholding of removal and relief under the Convention 

Against Torture (“CAT”), and ordering his removal. Chen maintains that his 

asylum application was timely filed and that the adverse credibility determination is not supported by substantial evidence.

We lack jurisdiction to review the BIA’s determination that Chen’s asylum application was untimely, because that determination was based solely on 

findings of fact, and Chen raises no constitutional or legal challenge to that 

determination. See Zhu v. Gonzales, 493 F.3d 588, 594–95 (5th Cir. 2007). We 

do, however, retain jurisdiction to review Chen’s challenge to the denial of 

withholding of removal and relief under the CAT based on the adverse credibility finding.

An IJ’s credibility decision is entitled to deference “unless, from the totality of the circumstances, it is plain that no reasonable fact-finder could make 

such an adverse credibility ruling.” Wang v. Holder, 569 F.3d 531, 538 (5th 

Cir. 2009). Even if there could be reasonable explanations for some of the 

discrepancies noted by the IJ, it is not plain, in light of the record as a whole, 

that no reasonable factfinder could make an adverse credibility ruling. See id. 

As the BIA concluded, the IJ’s adverse credibility determination was based on 

numerous inconsistencies and Chen’s demeanor and was supported “by specific 

and cogent reasons.” See id. at 537 (internal quotation marks and citation 

omitted).

Accordingly, the petition for review of the denial of asylum is 

DISMISSED for want of jurisdiction. The petition for review of the denial of 

withholding of removal and protection under the CAT is DENIED.

 Case: 16-60012 Document: 00513964380 Page: 2 Date Filed: 04/24/2017
Exhibit 32.2
                  Certification of Principal Executive Officer
                           Pursuant to 18 U.S.C. 1350
                 (Section 906 of the Sarbanes-Oxley Act of 2002)
I, Lorie M. Guerrera, Chief Accounting Officer of Cordia Corporation (the "Registrant") do hereby certify, 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 my knowledge, based upon a review of the Quarterly Report on Form 10-QSB/A for the period June 30, 2003 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (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. 
                                                    By: /s/ Lorie M. Guerrera------------------------                                                        Lorie M. Guerrera
                                                        Chief Accounting Officer
March 10, 2005-------------------*    A signed original of this written statement required by Section 906 has
     been provided to Cordia Corporation and will be retained by Cordia
     Corporation and furnished to the Securities Exchange Commission or its
     staff upon request.