alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Arthur B. Cram v. Artemas L. Stiles et al.

*Indefinite finding of facts*— Mis-Prial.

A case is treated, as one of mistrial where the finding of facts is not specific enough to show whether the judgment is correct.

■ A judgment rendered on a finding that is not specific enough to show whether it is correct may be reversed without costs to give opportunity for correcting the record.

Case made from Jackson.

Submitted Oct. 18.

Decided Oct. 19.

*130Assumpsit against defendants as sureties for the payment of a debt evidenced by a bond given by them as trustees of the First Methodist Episcopal Church of Jackson. Defendants had given a contract of suretyship to plaintiff’s intestate dated February 1, 1868, and this agreement was twice extended by contracts dated February 1,1873, and July 31, 1879. On February 1, 1879, a computation was made by the plaintiff and the trustees with defendants’ knowledge whereby the amount then due was fixed at $8010.69.

*Frederick T. Sibley*for plaintiff in error.

*Thomas A. Wilson*for defendant in error Stiles.

Cooley, J.

The finding of facts in this case is not sufficiently specific to enable us to see clearly whether the judgment is or is not correct. For that jiurpose the computation should be given or something equivalent. If the plaintiff relies upon the agreement of 1879 having failed, we ought to have the facts presented which would show the failure. The case is to be treated as one of mis-trial, and the judgment will be reversed without costs to give opportunity for correction.

The other Justices concurred.
#### German Security Bank et al. *v.*H. T. Jefferson et al.

Banks and Banking — Lien of Bank on Stock — Priority.

Since the priority of the claims of a hank upon bank stock held and owned by debtors is given (by the law, the bank can not be compelled to share with the general creditors in the general fund, until the latter are made equal.

APPEAL FROM LOUISVILLE CHANCERY COURT.

June 16, 1874.

Opinion by

Judge Lindsay:

.In the case of Logan v. Anderson, 18 B. Mon. 119, it was held that a creditor having two securities arising out of contract, might *737go upon either or both; that his interest in each was several; and that equity will refuse to marshal securities to the prejudice of the creditor entitled to the double fund, but that the general rule is that the debts of a mortgagee, holding more than one security, shall all be thrown upon ratability, in order that the. residue, if any, may be left to other incumbrances.

/. S’. Barnett, *I. W. Edwards, for appellants.*

*Caldzv»ell, Barrett, Roberts, Boyle, for appellees.*

In the case of Northern Bank of Kentucky v. Keiger, 2 Duvall 169, where the law gave to the partnership creditors a superior claim to the individual creditors, it was determined that, whilst the partnership creditors might exhaust all the partnership assets, to the exclusion of individual creditors, they could not claim any interest whatever in the individual estate of the partners, until the individual creditors had been made equal with them.

The line of distinction between the two cases is clearly marked. It is not necessary that we shall express an opinion as to the propriety of the rule acted on in the case in 18 B. Mon., but we do not hesitate to approve fully the doctrine of the last named case.

In the case at bar, the priority of the claims of the different banks upon the bank stock, held and owned in each by the debtors, is a priority given by law, and not one arising out of contract. The chancellor therefore properly held that said banks should not share with the general creditors in the general fund, until the latter were made equal with them.

The provisions of the Bankrupt Act do not control this case. It must be settled according to the terms of the deed of assignment, and this deed, in effect, provides for the distribution of the assets of the debtors in accordance with the rules' of equity prevailing in this state. The judgment of the vice-chancellor is affirmed.
Exhibit 23.1




CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
 We have
issued our report dated March 23, 2010, accompanying the consolidated financial
statements included in the Annual Report of United Capital Corp. and
Subsidiaries on Form 10-K for the year ended December 31, 2009.  We
hereby consent to the incorporation by reference of said report in the
Registration Statements of United Capital Corp. on Form S-8 (Registration Nos.
33-28045, 33-65140, 333-28395, 333-57873 and 333-98645).
 
 
 
 /s/ Holtz Rubenstein
Reminick
LLP
 HOLTZ
RUBENSTEIN REMINICK LLP
 
 
 Melville,
New York
 March 23,
2010
No. 87-1269.

#### Eu, Secretary of State of California, et al. *v.*San Francisco County Democratic Central Com*1005mittee et al.

Appeal from C. A. 9th Cir. Probable jurisdiction noted. The Chief Justice took no part in the consideration or decision of this order.
Order entered July 1, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01599-CR

PATRICK DEYONE LEE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 199th Judicial District Court

Collin County, Texas

Trial Court Cause No. 199-80455-2014

ORDER

The Court GRANTS appellant’s July 29, 2015 second motion for extension of time to 

file appellant’s brief.

We ORDER appellant to file the brief within SEVEN (7) DAYS from the date of this 

order.

/s/ LANA MYERS 

JUSTICE
EXHIBIT 32.1  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 Mines Management, Inc. (the Company) on Form 10-K for the period ended December 31, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report), each of the undersigned hereby certifies, 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 result of operations of the Company. Date:  March 9, 2007  /s/ Glenn M. Dobbs Glenn M. Dobbs Chief Executive Officer   A signed original of this written statement required by Section 906 has been provided to Mines Management, Inc. and will be retained by Mines Management, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.  1        2
<PAGE>   1
 
                                                                    EXHIBIT 23.3
 
                         INDEPENDENT AUDITORS' CONSENT
 
The Board of Directors
Chancellor Media Corporation of Los Angeles:
 
We consent to the use of our reports included herein and to the reference to our
firm under the heading "Experts."
 
                                                KPMG Peat Marwick LLP
 
Dallas, Texas
November 5, 1998
<PAGE>   1
 
                                                                    EXHIBIT 23.3
 
                       CONSENT OF INDEPENDENT ACCOUNTANTS
 
     We hereby consent to the use in Amendment No. 4 to Registration Statement
No. 333-56799 on Form S-1 of our report dated February 18, 1997, related to the
financial statements of Bank Compensation Strategies Group as of December 31,
1996 and 1995, and for the years then ended. We also consent to the reference to
our Firm under the caption "Experts" in the Prospectus.
 
                                               /s/ MCGLADREY & PULLEN, LLP
                                            ------------------------------------
                                                  MCGLADREY & PULLEN, LLP
 
Minneapolis, Minnesota
August 17, 1998
<PAGE>

                                                                   EXHIBIT 23(a)
                                                           ALLETE 2006 Form 10-K

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We  hereby  consent  to the  incorporation  by  reference  in  the  Registration
Statements on Form S-3 (Nos. 333-02109, 333-41882, 333-57104) and Form S-8 (Nos.
333-16445, 333-16463, 333-82901, 333-91348,  333-105225,  333-124455) of ALLETE,
Inc. of our report dated  February  12, 2007,  except as to Note 7 for which the
date is February 15, 2007,  relating to the consolidated  financial  statements,
financial  statement schedule,  management's  assessment of the effectiveness of
internal  control over  financial  reporting and the  effectiveness  of internal
control over financial reporting, which appears in this Form 10-K.

PricewaterhouseCoopers LLP

Minneapolis, Minnesota
February 15, 2007
```

                                                                     EXHIBIT 23b

                         CONSENT OF INDEPENDENT AUDITORS

We consent to the  incorporation  by  reference in the  Registration  Statements
(Forms  S-8  No.  33-28045,  33-65140,   333-28395,   333-57873  and  333-98645)
pertaining to the Incentive and Non-Qualified Stock Option Plan, as amended, and
the 1988 Joint  Incentive  and  Non-Qualified  Stock Option Plan,  as amended of
United  Capital Corp. of our report dated February 14, 2001 (except Notes 2, 12,
14 and 17,  as to  which  the date is  March  14,  2003),  with  respect  to the
consolidated statements of income, stockholders' equity and cash flows of United
Capital Corp. and  subsidiaries for the year ended December 31, 2000 included in
the Annual Report (Form 10-K) for the year ended December 31, 2002.

/s/ Ernst & Young LLP
---------------------------
    Ernst & Young LLP

New York, NY
March 24, 2003
```
#### C. D. McCullom *v.*Bryan Archer.

Partnership—Evidence.

The evidence was held not to show that one was a member of a certain firm.

Partnership—Estoppel—'Burden of Proof.

Where one seeks to estop another from showing that he was a member of a certain firm, the burden of establishing the estoppel is on the former.

APPEAL FROM JEFFERSON COURT OF COMMON PLEAS.

June 13, 1874.

*732*A. G. Booth, for appellant.*

*Lee & Rodman, for appellee.*

Opinion by

Judge Lindsay:

The evidence shows clearly that appellant was not a member of the firm' of McCullom & Co. at the time the debt sued on was contracted.

The circumstances relied on to preclude him from making defense are the entries in the city directory. These entries were made without his knowldge or consent; and he could not correct them, as readily as might have been done, had they been newspaper advertisements, instead of entries in year .books. Besides, they did not show him to be a member, of the firm of McCullom & Co., but of that of G. M. McCullom & Co. It is immaterial that, there was no such firm as that last named.

Appellee seeks to estop appellant from showing the truth, and the onus is upon him to make out the estoppel. We are of the opinion that he utterly failed to do so. The judgment is reversed and cause remanded for a new trial consistent with this opinion.
Touchstone Resources USA Inc. Board Compensation Policy
                          As Adopted November 29, 2005

Compensation for non employee directors only

Upon joining the Board:

      Stock options to purchase 100,000 shares of common stock will be granted
on the date of joining the board. Exercise price shall be the closing price of
the common stock on the date of grant. Options shall vest in full one year from
date of grant.

Annual Stipend:

      Chair of Audit Committee - $55,000
      All others - $40,000
      Plus stock options to purchase that number of shares of common stock equal
      to annual stipend which shall be granted annually at year-end. Exercise
      price shall be the closing price of the common stock on the last trading
      day of the year. Options shall be fully vested upon issuance. Amount of
      cash fee payable and number of options issuable for partial year of
      service shall be applied pro-rata.

Meeting Payments:

$1,250 per full board meeting
$1,250 additional for committee chair per committee meeting
$750 additional for committee member (non-chair) per committee meeting
pingeorgia.org

Partnership for Inclusive 

Innovation

Debra Lam 

Internet of Things Advisory Board

18 January 2023
Physical Infrastructure 

This Photo by Unknown Author is licensed under CC BY-SA

Virtual Infrastructure 

Social Infrastructure

Convergence
3

Descriptive 

Predictive 

Prescriptive 
4
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheet of CNL Income Fund V, Ltd. at September 30, 1995, and its statement of
income for the nine months then ended and is qualified in its entirety by
reference to the Form 10-Q of CNL Income Fund V, Ltd. for the nine months ended
September 30, 1995.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1994
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                         328,257
<SECURITIES>                                         0
<RECEIVABLES>                                   73,108
<ALLOWANCES>                                    17,525
<INVENTORY>                                          0
<CURRENT-ASSETS>                               396,106
<PP&E>                                      18,769,088
<DEPRECIATION>                               2,033,232
<TOTAL-ASSETS>                              20,860,814
<CURRENT-LIABILITIES>                          736,856
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  19,816,972
<TOTAL-LIABILITY-AND-EQUITY>                20,860,814
<SALES>                                              0
<TOTAL-REVENUES>                             1,669,153
<CGS>                                                0
<TOTAL-COSTS>                                  482,495
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              1,227,032
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          1,227,032
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,227,032
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>   1
                                                                    EXHIBIT 99.2

FOR IMMEDIATE RELEASE           CONTACTS:               Media:    Caroline Free
October 19, 1998                                                 (214) 953-8478
                                                              cfree@amresco.com

                                       Investors and Analysts:       Tom Andrus
                                                                 (214) 953-7704
                                                           investor@amresco.com



                  AMRESCO REPORTS THE SALE OF HOME EQUITY LOANS


         DALLAS - AMRESCO (Nasdaq: AMMB) announces that it has completed the
sale of approximately $1.0 billion of home equity loans. The company has also
entered into a commitment to sell an additional $400 million in home equity
loans. This commitment is expected to close by October 23, 1998. The cash
proceeds from these transactions will repay the warehouse debt used to finance
the loans with the remainder available for general corporate purposes. As a
result of these transactions, AMRESCO will have less than $100 million in home
equity loans remaining on its balance sheet.

         AMRESCO received a price of 100.625 percent of par for the loans.
Additionally, AMRESCO retained an interest in the loans that provides for
participation in the profits from a subsequent sale or securitization of the
loans. The company has also mutually agreed with a third party loan seller to
terminate a commitment to purchase an additional $260 million of home equity
loans. The company expects to recognize a fourth quarter pre-tax loss related to
these items ranging from $40 to $45 million. As a result, the company does not
have any significant unfunded home equity loan commitments.

          "Although the loss resulting from this loan sale is disappointing, we
believe that this transaction greatly benefits the company by reducing the size
of our balance sheet, improving 



<PAGE>   2



liquidity and eliminating the risk of margin calls related to the market value
of the loans and hedge positions," said Robert H. Lutz, Jr., chairman and CEO of
AMRESCO.

         AMRESCO, INC. is a diversified financial services company specializing
in commercial and residential real estate and home equity lending; asset
management workout services; and commercial finance. The company is
headquartered in Dallas and has offices nationwide as well as internationally in
Canada, United Kingdom and Mexico. For more information about AMRESCO, visit the
web site at www.amresco.com.

                                      # # #

Note: Certain statements contained in this press release are not based on
historical facts. These statements are forward-looking statements that are based
on current expectations that involve a number of risks and uncertainties.
Consequently, actual results achieved may differ materially from what is
presented. For a discussion of such risks and uncertainties, see "Risk Factors"
in the reports that the company files with the Securities and Exchange
Commission, including the company's registration statement.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED August 16, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-20706 Conference Calendar

DUANE B. HARRIS, Plaintiff-Appellant,

versus RICHARD C. THALER, Senior Warden; STEVEN R. RICH, Assistant Warden; ABBAS KHOSHDEL; LOWRY POWERS, Physician’s Assistant; MS. D.A. RUBY, Nurse Practitioner, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CV-2039

-------------------- Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.
PER CURIAM: * Duane B. Harris, Texas prisoner no. 934689, appeals the dismissal of his 42 U.S.C. § 1983 action as frivolous under 28 U.S.C. § 1915(e)(2)(B). Harris contends that the defendants failed to provide him with adequate medical care. Harris’s complaint, his more definite statement in the district court, and the transcript of his hearing held pursuant
to Spears v. McCotter , 766 F.2d 179, 180-81 (5th Cir. 1985),No. 04-20706 -2- reveal that he has failed to allege facts to establish deliberate indifference to a serious medical need as is required in order to proceed under the Eighth Amendment and 42 U.S.C. § 1983. See Varnado v. Lynaugh , 920 F.2d 320, 321 (5th Cir. 1991). The judgment of the district court is AFFIRMED. Harris is warned that the district court’s dismissal of his action as frivolous counts as a strike under 28 U.S.C. § 1915(g). If Harris accumulates three strikes, he will not be able to proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See Adepegba
v. Hammons , 103 F.3d 383, 387-88 (5th Cir. 1996); 28 U.S.C. § 1915(g). AFFIRMED; SANCTION WARNING ISSUED.
Exhibit 24

POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE
PRESENTS, that each person whose signature appears below hereby constitutes and appoints Edward A. Mueller, Joseph J. Euteneuer and Stephen E. Brilz, or any one of them, as his or her attorney-in-fact and agent, with full power of substitution, for
him or her in any and all capacities, hereby giving and granting to said attorney-in-fact and agent full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as
fully, to all intents and purposes, as he or she might or could do if personally present at the doing thereof, hereby ratifying and confirming all that said attorney-in-fact and agent may or shall lawfully do, or cause to be done, in connection with
the proposed filing by Qwest Corporation, a Colorado corporation, with the Securities and Exchange Commission, under the provisions of the Securities Exchange Act of 1934, as amended, of an annual report on Form 10-K for the fiscal year ended
December 31, 2009, including but not limited to, such full power and authority to do the following: (i) execute and file such annual report; (ii) execute and file any amendment or amendments thereto; (iii) receive and respond to
comments from the Securities and Exchange Commission related in any way to such annual report or any amendment or amendments thereto; and (iv) execute and deliver any and all certificates, instruments or other documents related to the matters
enumerated above, as the attorney-in-fact in his sole discretion deems appropriate.

This power of
attorney has been duly executed below by the following persons as of the 16thday of February, 2010.



|                                           |  |                                         
|------------------------------------------ |  | ----------------------------------------
|                                           | 
|/S/    EDWARD A. MUELLER Edward A. Mueller |  | /S/    TERESA A. TAYLOR Teresa A. Taylor
SHARON KELLER PRESIDING JUDGE 

## Court of Criminal Appeals P.O.BOX 12308, CAPITOL STATION 

### LAWRENCE E. MEYERS AUSTIN, TEXAS 78711 CHERYL JOHNSON MIKE KEASLER BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL

JUDGES


### Hidalgo County District Clerk 

## 100 N. Closner, 1stFloor Edinburg, TX 78539 October 29, 2015



## RE: Jose Guadalupe Rodriguez Elizondo Trial Court Number CR-3485-10-I Case Number PD-1039-14 ABEL ACOSTA CLERK 5 2-463-1551
IAN R. SCHILHAB GENERAL COUNSEL

5 2-463-1597

Dear Clerk: 

## Enclosed please find the order ofthe Court requesting an exhibitin the above referenced cause. You may send a certified copy in lieu ofthe original. Please call ifyou have any questions. Sincerely, Abel Acosta 

### Clflrk

ohn Brown 

## ChiefDeputy Clerk

Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701 WEBSITE: WWW.TXCOURTS.GOV/CCA