alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11142.

#### RASKIN *v.*THE STATE.

Decided March 2, 1920.

The sentence in this case, that the defendant, who was found guilty on two counts of the accusation, “ be for the space of eighteen months (nine months on each count) put to work on the chain-gang,” etc., must he construed as imposing successive, not concurrent, terms of punishment of nine months each.

Certiorari; from Chatham superior court — Juclge Meldrim. September 26, 1919.

*Robert L. Colding,*for plaintiff in error.

*Walter C.*Hartridge, *solicitor-general,*contra.

Luke, *J.*

The question presented in this case is as to the construction of the following sentence based upon a verdict of a jury-finding the defendant guilty upon two counts in an accusation charging the defendant with the violation of the prohibition statute, to wit:

“It is considered and ordered that the said defendant be for the space of eighteen months (nine months on each count) put to work on the chain-gang of Chatham county on the public road or on such other public works as the county authorities, to wit, the commissioners and ex-officio judges of Chatham county, may employ the chain-gang.” It is contended by the plaintiff in error that under this sentence the nine months would be served concurrently. We do not agree with this contention. We think the true construction is that the defendant was sentenced to nine months on each count, aggregating eighteen months. If the sentence had said nothing more than “nine months on each count,” and had not provided how the sentence should be served, then of course the nine months would have been served concurrently. The defendant having served a portion of his sentence, it was not error to require him to serve the remainder of the sentence. The judge of the superior court did not err in overruling the certiorari.

*Judgment affirmed.*

*Broyles, C. J., and Bloodworth, J., concur.*
11820.

#### Snead *v.*The State.

Decided November 9, 1920

Conviction of involuntary manslaughter; from Thomas superior court—■ Judge Thomas. August 17, 1920.

The only grounds of the motion for a new trial other than the general grounds relate to the charge of the court that “it is a rule of law, if a witness swears wilfully and knowingly falsely in a matter material to his testimony in the case, then the evidence of such witness is to be disregarded entirely, unless corroborated by the circumstances of the case or other credible evidence." It is contended that although this is correct as an abstract principle of law; it was not authorized by the evidence, “the only attempt to impeach any witnesses being by the method of proving contradictory statements made as to matters relevant to the witness’s testimony and to the case;" and that after the court had.thus undertaken to charge upon the subject of impeachment, the failure to charge anything further on that subject was error; that the court should have charged on “the weight, if any, that should be given to the testimony of any witness' whom the jury might find to have been successfully impeached," and should have charged the rule of law. providing for the impeachment of contradictory’statements previously made by him as to matters relevant to his testimony and to the case. Counsel cited: 125 *Ga.*269 (2); 17 *Ga. App.*561 (2).

Broyles, C. J.

The verdict was demanded by the evidence, and the special grounds of the motion for a new trial are without merit.

*Judgment affirmed.*

*Luke and Bloodworth, JJ., concur.*

*773
      *Eldon L. Joiner,*for plaintiff in error.

*Clifford E Hay, solicitor-general,*contra.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21 -0644 STATE OF MONTANA,

Plaintiff and Appellee, v. KAITLYN DAWN POLICH,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including September 21, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 15 2022

08/15/2022

Case Number: DA 21-0644
Exhibit 31-14
**FORM 10-K CERTIFICATION**
I, David E. Meador, certify that:
1.  I have reviewed this annual report on Form 10-K of Michigan Consolidated Gas Company; 2.  Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3.  Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4.  The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
 a.  Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  b.  (Intentionally omitted)  c.  Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  d.  Disclosed in this report any change in the registrant’s internal control overfinancial 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 hasmaterially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
5.  The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):
 a.  All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  b.  Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.   /s/ DAVID E. MEADOR Date: March 15, 2005   David E. Meador  Executive Vice President and  Chief Financial Officer of
Exhibit 32.1

MTS SYSTEMS CORPORATION 
CERTIFICATION OF CHIEF EXECUTIVE OFFICER 
PURSUANT TO 
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

The
undersigned, Laura B. Hamilton, the Chief Executive Officer of MTS Systems
Corporation (the Company), has executed this Certification in connection with
the filing with the Securities and Exchange Commission of the Companys Annual
Report on Form 10-K for the fiscal year ended October 3, 2009 (the
Report).

The
undersigned hereby certifies 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.

A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the SEC or its
staff upon request.

Date: December 1, 2009

|                                            
|--------------------------------------------
|/s/ LAURA B. HAMILTON                       
|                                            
|                                            
|Laura B. Hamilton                           
|Chair, President and Chief Executive Officer

---
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED STATEMENTS OF INCOME AND THE CONDENSED BALANCE SHEETS AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,275,838
<SECURITIES>                                 4,347,724
<RECEIVABLES>                                2,663,850
<ALLOWANCES>                                   166,000
<INVENTORY>                                  2,104,588
<CURRENT-ASSETS>                            10,872,068
<PP&E>                                       3,388,294
<DEPRECIATION>                               2,205,801
<TOTAL-ASSETS>                              18,203,876
<CURRENT-LIABILITIES>                        2,836,898
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       607,310
<OTHER-SE>                                  14,647,668
<TOTAL-LIABILITY-AND-EQUITY>                18,203,876
<SALES>                                     17,842,607
<TOTAL-REVENUES>                            17,842,607
<CGS>                                        6,188,928
<TOTAL-COSTS>                                6,188,928
<OTHER-EXPENSES>                             7,294,512
<LOSS-PROVISION>                                11,818
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              4,359,167
<INCOME-TAX>                                 1,460,000
<INCOME-CONTINUING>                          2,899,167
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,899,167
<EPS-BASIC>                                       0.46
<EPS-DILUTED>                                     0.46



</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

MICHAEL WILLIAMS, :

Plaintiff, :

vs. : CIVIL ACTION 09-00774-WS-B

TONY PATTERSON, et al., :

Defendants. :

JUDGMENT

It is ORDERED, ADJUDGED, and DECREED that this action be

dismissed without prejudice.

DONE this 28th of April, 2010.

s/WILLIAM H. STEELE 

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00774-WS-B Document 15 Filed 04/28/10 Page 1 of 1
EXHIBIT 4.12


 


Employment agreement – Mr Ross E Pinney (as Executive
General Manager, Office of the CEO)


 


The employment
agreement of Mr Ross E Pinney is incorporated by reference to National
Australia Bank Limited’s Annual Report on Form 20-F for the fiscal year
ended September 30, 2004 as filed with the Commission on January 20,
2005.
Exhibit 10.17

 

SECOND AMENDMENT TO LEASE

 

THIS SECOND AMENDMENT TO LEASE (this “Amendment”) is made effective as of the Eleventh day of February, 2015, by and between AWEIDA PROPERTIES, INC., a Colorado corporation (“Landlord”), and N30 PHARMACEUTICALS, INC. a Delaware Corporation (formerly, and identified in the Lease as, a Delaware Limited Liability Company) (“Tenant”) to that certain lease dated March 11, 2010 by and between Landlord and Tenant (the “Lease”), as amended by that certain First Amendment to Lease dated December 5, 2014, for the lease of Premises located at 3122 Sterling Circle, Suite 200, Boulder, Colorado 80301.  Capitalized terms used herein which are defined in the Lease shall have the meanings therein stated.

 

RECITAL

 

The Tenant has filed a Certificate of Amendment to its Certificate of Incorporation with the state of Delaware changing its name from “N30 Pharmaceuticals, Inc” to “Nivalis Therapeutics, Inc” effective February 11, 2015.

 

AMENDMENT

 

NOW, THEREFORE, the parties agree to amend the Lease as follows:

 

1.  Section 1 is hereby amended by deleting “N30 Pharmaceuticals, LLC, a Delaware Limited Liability Company” as the Tenant and substituting in its place “Nivalis Therapeutics, Inc., a Delaware Corporation” as the Tenant.

 

2.  Except as expressly amended hereby, the Lease remains unmodified and in full force and effect.  In the event of a conflict between the terms of this Amendment and the Lease, the terms of this Amendment shall control.

 

IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment, as of the day and year first above written.

 

	
TENANT:
    	
LANDLORD:
    
	
 
    	
 
    
	
NIVALIS THERAPEUTICS, INC.
    	
AWEIDA PROPERTIES, INC.
    
	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    	
 
    
	
By:
    	
/s/   Tom Sokolowski
    	
 
    	
By   
    	
/s/   Daniel J. Aweida
    
	
 
    	
 
    
	
Name:   Tom Sokolowski
    	
Daniel   J. Aweida, President
    
	
 
    	
 
    
	
Title:   VP Finance
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

FELICIA SMITH, )

 )

Plaintiff, )

)

vs. ) Civil Action No. 08-0383-CG-B

)

DISPOSALL, INC., )

 )

Defendant. )

JUDGMENT

 In accordance with the court’s order entered on March 30, 2010, it is ORDERED,

ADJUDGED and DECREED that JUDGMENT be and is hereby entered in favor defendant

Disposall, Inc., and against plaintiff Felicia Smith. Therefore, all plaintiff’s claims against the

defendant are hereby DISMISSED WITH PREJUDICE. Costs are to be taxed against the

plaintiff. 

DONE and ORDERED this the 30th day of March, 2010.

/s/ Callie V. S. Granade

UNITED STATES DISTRICT JUDGE

Case 1:08-cv-00383-CG-B Document 65 Filed 03/30/10 Page 1 of 1
**EXHIBIT 32.2**

**STATEMENT OF CHIEF FINANCIAL OFFICER**

**UNDER 18 U.S.C. SECTION 1350**

            With reference to the Quarterly Report of Redwood Empire Bancorp (the "Company") on Form 10-Q for the period ending June 30, 2004  (the“Report”), I, Kim C. McClaran, Vice President and Chief Financial Officer of the Company, certify for the purposes of section 1350 of chapter 63 of title 18 of the United States Code that, to 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/ Kim C. McClaran                |
|---------------------------------------------------------------------------------------------------------------|
| Kim C. McClaran                                                                                               |
| Vice President and Chief Financial Officer                                                                    |
|                                                                                                |
| Date:  August 3, 2004                                                                                    |
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
Annual Report on Form 10-K for the year ended April 30, 1997 and the Quarterly
Report on Form 10-Q for the quarter and three months ended July 31, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000840319                        
<NAME> APHTON CORPORATION                       
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              APR-30-1998
<PERIOD-START>                                 MAY-1-1997
<PERIOD-END>                                   JUL-31-1997
<CASH>                                         17,183
<SECURITIES>                                        0
<RECEIVABLES>                                   9,000
<ALLOWANCES>                                        0
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<CURRENT-ASSETS>                                    0<F1>
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<DEPRECIATION>                                   (652)
<TOTAL-ASSETS>                                 26,562
<CURRENT-LIABILITIES>                               0<F1>
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<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                      (36,749)
<OTHER-SE>                                     (1,155)
<TOTAL-LIABILITY-AND-EQUITY>                  (26,562)
<SALES>                                             0
<TOTAL-REVENUES>                                  154
<CGS>                                               0
<TOTAL-COSTS>                                       0
<OTHER-EXPENSES>                                2,420
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                760<F2>
<INCOME-PRETAX>                                (2,266)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                            (2,265)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   (2,265)
<EPS-PRIMARY>                                   (0.17)<F2> 
<EPS-DILUTED>                                   (0.17)<F2>
<FN>
<F1>REGISTRANT HAS AN UNCLASSIFIED BALANCE SHEET
<F2>NON-CASH INTEREST EXPENSE IS COMPRISED OF NON-CASH INTEREST EXPENSE FOR 
    CONVERTIBLE DEBENTURE. $0.05 OF THE $0.17 LOSS PER SHARE RELATES TO THE
    AMORTIZED NON-CASH INTEREST EXPENSE.
</FN>    
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     This schedule contains summary financial information extracted from the
Annual Report on Form 10-K for the year ended April 30, 1997 and the Quarterly
Report on Form 10-Q for the quarter and three months ended July 31, 1997 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<CIK> 0000840319                        
<NAME> APHTON CORPORATION                       
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              APR-30-1998
<PERIOD-START>                                 MAY-1-1997
<PERIOD-END>                                   JUL-31-1997
<CASH>                                         17,183
<SECURITIES>                                        0
<RECEIVABLES>                                   9,000
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                               17,359
<PP&E>                                            864
<DEPRECIATION>                                   (652)
<TOTAL-ASSETS>                                 26,562
<CURRENT-LIABILITIES>                           1,663
<BONDS>                                        (4,570)
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                      (36,749)
<OTHER-SE>                                     (1,155)
<TOTAL-LIABILITY-AND-EQUITY>                  (26,562)
<SALES>                                             0
<TOTAL-REVENUES>                                  154
<CGS>                                               0
<TOTAL-COSTS>                                       0
<OTHER-EXPENSES>                                2,420
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                760<F1>
<INCOME-PRETAX>                                (2,266)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                            (2,265)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                   (2,265)
<EPS-PRIMARY>                                   (0.17)<F1> 
<EPS-DILUTED>                                   (0.17)<F1>
<FN>
<F1>NON-CASH INTEREST EXPENSE IS COMPRISED OF NON-CASH INTEREST EXPENSE FOR 
    CONVERTIBLE DEBENTURE. $0.05 OF THE $0.17 LOSS PER SHARE RELATES TO THE
    AMORTIZED NON-CASH INTEREST EXPENSE.
</FN>    
        

</TABLE>
#### Benjamin Emison *v.*John W. Carter & Wife.

Judgment — Fraud—Suit to Cancel Judgment.

A mere motion to set aside a judgment, with, leave to make defense, will not preclude a party from afterwards filing a petition in equity to revoke the judgment upon the ground of fraud in obtaining it.

Judgment — Presumption.

Where there is nothing in the record showing the grounds, relied upon in the motion to set aside a judgment, it will be presumed that it was not such as would deprive a court of equity of the power to vacate when the facts alleged give the court jurisdiction.

APPEAL FROM HARRISON CIRCUIT COURT.

February 10, 1874.

Opinion by

Judge Pryor:

We are not disposed to adjudge that a mere motion to set aside a judgment, with leave to make a defense, will preclude a party from afterwards filing a petition in equity to vacate the judgment upon the ground of fraud in obtaining it. There is nothing in the record showing the grounds relied on in the motion, and the fair inference is that it was not such as would deprive a court of equity *488of the power to vacate, ■ when the facts alleged give that court jurisdiction.

*Cleary, Craddock & Trabue, for appellant.*

*Cantrill, Prendtt, T. Q. Ward, for appellees.*

It is a question of much doubt as to the right of the appellant to set off these claims alleged to be due him' by account against the note; but as David Emison kenew that the whisky was partnership whisky, 'and taken as a payment on the note, the chancellor, we think, acted, properly in crediting the note by the value of the whisky delivered, and the credit is for fully as much as the appellant is entitled to have. He is evidently using David Emison, the original debtor, to lessen the amount of the note by the introduction of claims and accounts that were not regarded as subsisting by either party prior to the institution of the suit.

The appellant was claiming that his brother owed Mrs. Carter more than $1,800 when the settlement was made, and now they are both insisting that she was indebted to her guardian. There is not much in the record to commend the claim set up by the appellant to the consideration of a court of equity. The only reason for reversing this case on the cross-appeal would be to have the amount due on the note set apart for the separate use of the infant; but as no reversal is asked for the failure to do this, and the chancellor can still enter such an order on the petition for the wife, the judgment is affirmed on both the original and cross-appeals.