alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Commonwealth for the Use of, Etc., *v.*Newton Dickerson, Etc.

Sheriffs and Constable — Sheriffs—Replevin Bond — Reasonable Diligence as to Surety.

In taking a replevin bond tbe .sheriff is required in good faith to exercise reasonable diligence and discretion in ascertaining the solvency of the sureties offered. But he is not liable for a breach of his official bond in all cases in which it may turn out that the sureties taken were insufficient. '

Sheriffs and Constable — Sheriffs—Failure to Levy Execution — Action on Bond — Sufficiency of Amended Petition.

The amended petition specifically charges that one of the defendants in the execution, while it was in the hands of the sheriff, had in *3his possession a lot of mules subject to levy and sale sufficient to pay the judgment, that the sheriff knew this and negligently failed and refused to levy.

Held, to be sufficient.

APPEAL FROM JESSAMINE CIRCUIT COURT.

June 7, 1872.

*Huston & Mulligan, appellants.*

*Wm. Brown, for appellees.*

Opinion by

Judge Lindsay:

In taking a replevin bond the sheriff is required in good faith to exercise reasonable diligence and discretion in ascertaining the solvency- of the sureties offered. But he is not liable for a breach of his official bond in all cases in which it may turn out that the sureties taken are insufficient. If he exercises as great degree of diligence a-s would have been exercised by the plaintiff (he being a reasonably prudent man.) he has done all that he is required by law to do. The same rule applies where it is his duty to seize and sell property under execution, 14 B. Monroe 22. It is not necessary upon this appeal to determine whether or not the instructions of the circuit judge conforms to this view of the law, as the judgment must be reversed in any event.

The amended petition specifically charges that one of the defendants in the execution, whilst it was in the hands of the sheriff and was alive and in full force owned and had in his possession- in Jessamine county a lot of. mules subject to> levy and sale, of value sufficient to pay appellant’s judgment. That the sheriff knew this fact and negligently failed and refused to levy upon and sell them, by reason whereof appellant lost his judgment. The allegations of the amended petition were never denied.

Upon the pleadings the appellant was entitled to judgment and it would have been the duty of the court upon the motion to render judgment for him', notwithstanding the verdict of the jury against him. *Lindsey v. Ruthford,*17 B. Monroe 242.

It is true he did not ask such action at the hands of the court, but certainly as he was entitled to judgment as the case then stood his motion for a new trial ought not to have been refused.

The judgment therefore must be reversed. The cause remanded for a new trial upon principles consistent with this opinion. Ap-pellee should be allowed to file an answer to amended petition, in case they offer to do so within a reasonable time.
<PAGE>   1
                                                                   EXHIBIT 3.9.3



                            CERTIFICATE OF AMENDMENT
                                       OF
                                   WFIL INC.

     Certificated of Amendment of the Certificate of Incorporation of
WFIL Inc., a corporation organized and existing under the laws of the
State of Delaware, are herein executed in duplicate by said
corporation, pursuant to the provisions of the General Corporation
Law of the State of Delaware, as follows:

     1.   The name of the corporation is WFIL, Inc.

     2.   The amendment to the Certificate of Incorporation of said
corporation is as follows: Article No. 1 shall be amended to read:

     "The name of the corporation Is KXAN, Inc."

     3.   The board of directors of the corporation has adopted a
resolution by unanimous written consent, pursuant to Section 141 of
the General Corporation Law of the State of Delaware, direction that
aforesaid amendment to the certificate of incorporation of the
corporation be presented to the sole stockholder of the corporation
for its consideration.

     4.   The sole stockholder of the corporation has given its
written consent to the aforesaid amendment to the certificate of
incorporation in accordance with the provisions of Section 228 of the
General Corporation Law of the State of Delaware.
<PAGE>   2





     5.   The aforesaid amendment to the certificate of Incorporation
of the corporation was duly adopted in accordance with the provisions
of Sections 242 and 228 of the General Corporation Law of the State
of Delaware.

     IN WITNESS WHEREOF, WFIL, INC. has caused this certificate to be
signed by Peter E. Maloney, its Vice President and attested by Andrew
A. Quartner, its Assistant Secretary, this 28th day of December,
1990.



                                        WFIL, Inc.                    
                                                                      
                                                                      
                                        By /s/ PETER E. MALONEY            
                                          ----------------------------
                                          Vice President              
                                                                      




ATTEST:


By /s/ ANDREW A. QUARTNER   
  --------------------------
  Assistant Secretary
<PAGE>   1
                                                                   EXHIBIT 23.6


                       CONSENT OF INDEPENDENT ACCOUNTANTS

           We consent to the inclusion in this registration statement on Form
S-1 (File No. 333-48819, Amendment No. 4) of our report dated February 3, 1997,
on our audit of the consolidated financial statements of Midcontinent
Broadcasting Co. of Wisconsin, Inc. We also consent to the reference to our firm
under the caption "Experts".



                                            COOPERS & LYBRAND L.L.P.

Milwaukee, Wisconsin
May 20, 1998
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
     NIGHTINGALE, INC.'S FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS 
     ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<MULTIPLIER>                                   1
<CURRENCY>                                     626
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997
<PERIOD-START>                                 JAN-01-1997
<PERIOD-END>                                   MAR-31-1997
<EXCHANGE-RATE>                                1
<CASH>                                         626
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               204,195
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 204,195
<CURRENT-LIABILITIES>                          309,430
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       (105,235)
<OTHER-SE>                                     0
<TOTAL-LIABILITY-AND-EQUITY>                   204,195
<SALES>                                        0
<TOTAL-REVENUES>                               2,465
<CGS>                                          0
<TOTAL-COSTS>                                  5,500
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               (3,035)
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   0
<EPS-PRIMARY>                                  .001
<EPS-DILUTED>                                  .001
        



</TABLE>
#### Decatur County *v.*Bowie *et al.*

No. 6903.

January 18, 1929.

Gilbert, J.

1. The court did not err in overruling the demurrer to the petition.

2. A tax fi. fa. issued against the “Lou Jackson estate” was void, and the purchaser at a sale thereunder received no title. *Ayer*v. *Chapman,*146 *Ga.*608 (91 S. E. 548).

3. The verdict was demanded by the evidence; and it is not necessary to pass upon the rulings complained of in various other grounds of the motion for new trial. *Judgment affirmed.*

*All the Justices concur.*

*695
      *3. G. Bell,*for plaintiff in error. *Vance Custer Jr.,*contra.
<PAGE>
                                                                    EXHIBIT 10.4

                               AMENDMENT NO. 2 TO
                           EMPLOYEE MATTERS AGREEMENT


THIS AMENDMENT NO. 2 to the Employee Matters Agreement ("Amendment") is entered
into as of July 1, 2005 between Mindspeed Technologies, Inc., a Delaware
corporation, having a principal place of business at 4000 MacArthur Blvd. East
Tower, Newport Beach, California 92660 ("Mindspeed"), and Conexant Systems,
Inc., a Delaware corporation, having a principal place of business at 4000
MacArthur Blvd. West Tower, Newport Beach, CA 92660 ("Conexant").

                                    PURPOSES

     A.   Conexant and Mindspeed (the "Parties") entered into an Employee
          Matters Agreement on June 27, 2003 as amended by Amendment No. 1 dated
          January 13, 2005 ("Agreement").

     B.   The Parties have agreed to extend a portion of that Agreement for
          employees of both companies by amending the Agreement.

                                    AGREEMENT

NOW THEREFORE, in consideration of the foregoing and the mutual covenants
contained herein and other good and valuable consideration, the Parties hereby
agree as follows:

          1.   In Sections 2.01(c), 2.02(a) and 2.02(b), replace the date "June
               30, 2005" with the date "December 31, 2005".

Except as specifically modified by this Amendment, all terms and conditions of
the Agreement, remain unchanged, in full force and effect and constitute the
entire agreement between the Parties.

IN WITNESS WHEREOF, this Amendment has been executed by the duly authorized
representatives of the Parties whose signatures appear below.


MINDSPEED TECHNOLOGIES, INC.                CONEXANT SYSTEMS, INC.


BY:    /s/ Bradley W. Yates                 BY:    /s/ Michael H. Vishny
       ----------------------------------          -----------------------------
NAME:  Bradley W. Yates                     NAME:  Michael H. Vishny
TITLE: SVP & Chief Administrative Officer   TITLE: SVP, Human Resources
10659.

#### Norton *v.*Anderson.

Decided October 10, 1919.

Garnishment; from Cobb superior court—Judge Morris. May 10, 1919.

*H. B. Moss,*for plaintiff in error.

*Q. M. Dobbs, Herbert Olay,*contra.

Luke, J.

The only question raised by the exceptions in this ease is whether the evidence authorized the verdict. Upon a careful examination of the evidence we cannot say that the verdict was without evidence to support it. The trial judge having approved the verdict, it was not error to overrule1 the motion for a new trial.

*Judgment affirmed.*

*Broyles, O. J., and Bloodworth, J., concur.*
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                       4,018,523
<INT-BEARING-DEPOSITS>                          34,416
<FED-FUNDS-SOLD>                             6,970,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 17,741,329
<INVESTMENTS-CARRYING>                       1,659,946
<INVESTMENTS-MARKET>                         1,670,671
<LOANS>                                     85,345,764
<ALLOWANCE>                                  1,114,690
<TOTAL-ASSETS>                             120,218,234
<DEPOSITS>                                 109,159,940
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            316,400
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       646,062
<OTHER-SE>                                   9,198,902
<TOTAL-LIABILITIES-AND-EQUITY>             120,218,234
<INTEREST-LOAN>                              4,361,192
<INTEREST-INVEST>                              519,993
<INTEREST-OTHER>                               150,890
<INTEREST-TOTAL>                             5,032,075
<INTEREST-DEPOSIT>                           2,033,400
<INTEREST-EXPENSE>                           2,041,224
<INTEREST-INCOME-NET>                        2,990,851
<LOAN-LOSSES>                                  240,000
<SECURITIES-GAINS>                               2,868
<EXPENSE-OTHER>                              1,879,923
<INCOME-PRETAX>                              1,236,392
<INCOME-PRE-EXTRAORDINARY>                     754,892
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   754,892
<EPS-PRIMARY>                                     1.08
<EPS-DILUTED>                                        0
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                    494,332
<LOANS-PAST>                                    66,505
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                             1,214,173
<CHARGE-OFFS>                                  388,990
<RECOVERIES>                                    49,507
<ALLOWANCE-CLOSE>                            1,114,690
<ALLOWANCE-DOMESTIC>                         1,114,690
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 418 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 418

To authorize certain States to prohibit the importation of solid waste 
               from other States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2003

Mr. Kanjorski introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
To authorize certain States to prohibit the importation of solid waste 
               from other States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Solid Waste Compact Act''.

SEC. 2. AUTHORITY TO PROHIBIT IMPORTATION OF SOLID WASTE.

    (a) Amendment.--Subtitle D of the Solid Waste Disposal Act (42 
U.S.C. 6941 et seq.) is amended by adding at the end the following new 
section:

           ``authority to prohibit importation of solid waste

    ``Sec. 4011. A State whose State plan has been approved under 
section 4007 may prohibit the importation into that State of solid 
waste from outside that State.''.
    (b) Table of Contents.--The table of contents for such subtitle D 
is amended by adding at the end the following new item:

``Sec. 4011. Authority to prohibit importation of solid waste.''.

SEC. 3. ALTERNATIVE SOLID WASTE DISPOSAL METHODS.

    (a) Amendment.--Subtitle A of the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.) is amended by adding at the end the following new 
section:

               ``alternative solid waste disposal methods

    ``Sec. 1009. The Administrator shall, in consultation with the 
States and other interested persons, identify innovative alternative 
solid waste disposal methods, and establish and publish technical 
guidance regarding the implementation of such methods. Within one year 
after the date of the enactment of this section, and from time to time 
subsequently as warranted by changing circumstances, the Administrator 
shall transmit to the Congress a report summarizing the Administrator's 
activities under this section.''.
    (b) Table of Contents.--The table of contents for such subtitle A 
is amended by adding at the end the following new item:

``Sec. 1009. Alternative solid waste disposal methods.''.
                                 <all>
```
Exhibit 21.0

LIST OF SUBSIDIARIES

Registrant: SI Financial Group, Inc.



|                                         |  |                     |   |  |                                      
|---------------------------------------- |  | ------------------- | - |  | -------------------------------------
|Subsidiaries                             |  | PercentageOwnership |   |  | Jurisdiction orState of Incorporation
|Savings Institute Bank and Trust Company |  | 100                 | % |  | United States                        
|SI Capital Trust II(1)                   |  | 100                 | % |  | Delaware                             
|803 Financial Corp.(2)                   |  | 100                 | % |  | Connecticut                          
|SI Realty Company, Inc.(2)               |  | 100                 | % |  | Connecticut                          
|SI Mortgage Company(2)                   |  | 100                 | % |  | Connecticut                          



|(1) | In accordance with authoritative guidance on the consolidation of variable interest entities, SI Capital Trust II is not included in the Companys consolidated
financial statements.
|--- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|(2) | Wholly-owned subsidiary of Savings Institute Bank and Trust Company.
|--- | --------------------------------------------------------------------
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 January 30, 2009 

# Order

January 30, 2009

136310(70)(73)(74)

ROBERT HUNTER a nd LORIE HUNTER, Plaintiffs-Appellees, SC: 136310 v COA: 279862 Oakland CC: 2006-721234-DC TAMMY JO HUNTER, Defendant-Appellant, and

JEFFREY HUNTER, Defendant.

___________________ _________________

On order of the Chief Jus tice, the motion by plaintiffs-appellees for extension to January 20, 2009 of the time fo r filing their brief on appeal is considered and it is GRANTED. The motion by the California Wome n’s Law Center and others for leave to
file a brief amicus curiae is considered and it is GRANTE D. The motion for temporary
admission of Amal Bass is cons idered and it is GRANTED.
<TABLE> <S> <C>

<ARTICLE> 5
       
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<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                              23
<SECURITIES>                                         0
<RECEIVABLES>                                      131
<ALLOWANCES>                                       (6)
<INVENTORY>                                        233
<CURRENT-ASSETS>                                   424
<PP&E>                                             455
<DEPRECIATION>                                   (200)
<TOTAL-ASSETS>                                   1,423
<CURRENT-LIABILITIES>                              263
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                         108
<TOTAL-LIABILITY-AND-EQUITY>                     1,423
<SALES>                                            791
<TOTAL-REVENUES>                                   791
<CGS>                                              411
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   267
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<INTEREST-EXPENSE>                                  47
<INCOME-PRETAX>                                     66
<INCOME-TAX>                                        26
<INCOME-CONTINUING>                                 40
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                        40
<EPS-PRIMARY>                                     0.52
<EPS-DILUTED>                                     0.50
        

</TABLE>