Judicial bias
OLG Koblenz
decision Thursday, November 25, 2010
Table Chart For Wedding On Mirror
16th November 2010
4 W 641/10
ZPO § 42
A court-appointed experts might be against a single judge to reject the application if suspected of partiality, rejecting an appeal decision not to. Previous:
LG Mainz, 24.09.2010 - 4 O 127/06 
reasons I.
used with its immediate appeal, the court-appointed experts ... [A] against a rejection of his request to the Judge of the District Court ... [B] if suspected of partiality rejecting the decision of the 4th Civil Chamber of the Landgericht Mainz, 24 September 2010.
The judge had rejected the opposition directed against the expert application of the defendant by order of 28th June 2010 for reasons stated and the third by a further resolution August 2010 found that the expert of the invoiced fee for his second Supplement Report nicht zustehe.
Der 14. Zivilsenat des Oberlandesgerichts Koblenz hat die gegen die Ablehnung der Vergütung gerichtete Beschwerde des Sachverständigen durch Beschluss des Einzelrichters vom 21. Oktober 2010 zurückgewiesen.
Zur Begründung seines gegen die Richterin am Landgericht ...[B] gerichteten Ablehnungsgesuchs hat der Sachverständige vorgetragen, die gerichtliche Entscheidung vom 28. Juni 2010 sei nicht nachvollziehbar. Das Gericht habe durch die unbeanstandete Verwertung des 1. Gutachtens sowie des 1. Ergänzungsgutachtens zu erkennen gegeben, dass es gegen die darin erfolgte stillschweigende Anpassung des Beweisbeschlusses keine Einwände erhebe. Im Übrigen erklärt der Sachverständige, es könne quite possible that his second Supplement reports to include formulations that could lead to a superficial glance, without any detection of the opinion the accusation of bias. However, it lacks so far at any rate to the required degree of culpability of gross negligence.
The district court, the Judge of the District Court against the ... [B] directed by order of rejection of application 24th September 2010 and dismissed on the ground that there were no apparent circumstances which show a distrust of the impartiality of the judge.
him against that on 6 October 2010 decision notified to apply the expert with the 21 October 2010 letter by fax to the District Court of Mainz inserted immediate appeal. The district court has not remedied the complaint of the experts (decision of 18 October 2010 - 4 O 127/06) and submitted the case to the state court to rule on the appeal.
II
The immediate appeal of the expert ... [A] is not allowed.
The right of refusal under § 42 ZPO is in principle not only to the party, but anyone who is like a party in his own name involved in the process. The court-appointed experts is that the proceedings so far as he in the process of determining of expert witnesses is relevant to them (OLG Frankfurt, Frankfurt OLGR 1997, 305;. Munich Commentary on the Code of Civil Procedure, 3rd edition, 2008 § 42, para 3). He comes to the present dispute a limited role on this side is a party, where he opposed the refusal of compensation experts for a refund of the 2nd Opinion supplement applies.
The decision standing here for immediate appeal lies but only with respect to the rejection of the petition rejecting the expert decision of the District Court of Mainz, 24 September 2010.
Although motive for such an appeal is essentially the Denial of the compensation claim for the refund of the 2nd may have been additional report, the expert is against the dismissal of the petition rejecting an appeal not to. Under the taxation of costs by 14 Civil Division of the Higher Regional Court of Koblenz was indirectly review the decision on the application for refusal is final and not open to attack by the expert.
The appeal was rejected as inadmissible, after all.
The cost is based on § 97 para 1 CCP.
the complaint, the Senate has value to the economic interests of the complainant in the annulment of the contested Decision and the related decision on the taxation of the costs for the reimbursement of the 2nd Supplement report calculated.
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bankruptcy proceedings
Federal
09/23/2010
Case IX ZR 242/09
GESO; KO § 86; Insolvency Act § 66
The bankruptcy process has a newly appointed administrator to dismiss the administrator is not entitled to the grant of a ( partial) final bill .*)
BGH, Judgement of 23.09.2010 - IX ZR 242/09
Previous:
LG Stendal, 17.12.2009 - 22 S 71/09
AG Stendal, 27/05/2009 - 3 C 1038/08
in the case
...
The IX. Civil Division of the Federal Supreme Court hearing on the 23rd September 2010 by the presiding judge, Dr. Ganter, Judges Raebel, Prof. Dr. Kayser, Dr. Gehrlein and group
hereby:
The appeal against the verdict of the Civil Chamber of the Landgericht Stendal 2 of 17 December 2009 is rejected at the expense of the plaintiff.
By law
event
1 The defendant was a manager in the bankruptcy proceedings against the assets of the FV. By order of the bankruptcy court on 25 April 2006, he was dismissed from office and ordered the plaintiff to the new manager. The defendant gave the plaintiff range of documents. put to the request by the applicant, a final bill for its administrative work, but after he came not.
2 remained on presentation of a final bill for its administrative work, is made from a revenue and expenditure account, a balance sheet and a final report, direct action in the courts without success. The Court of Appeal approved revision pursued by the applicant on his request.
Grounds
3 The revision had no success.
4 1 The appellate court stated: The bankruptcy order can not see any requirement of the recall liquidator Granting of a partial final bill against third parties. Such obligations are also not a recourse to the provisions of the bankruptcy or insolvency law. While it was recognized that the dismissed manager is required, under § 86 and § 66 para 1 KO Insolvency Act, to create a final invoice. This obligation exists only with respect to the meeting of creditors and the court, not against the new manager. That would only encourage supervisory action of the court. It concluded that neither through the application of law or by analogy a right of action for the new manager will be concluded for the full enforcement proceedings. It is neither a plan anti-loophole, you can still there is a need for a right of action for the new manager. Such could not be from § 259 BGB, the principle of good faith (§ 242 BGB) or derived from § 666 BGB.
5 2 These statements hold legal examination.
6 a) The bankruptcy order contains no provision that would oblige a dismissed manager to put on his undertaking to the following account manager. It is limited to at the end of bankruptcy proceedings, to demand the distribution of producing a final report (§ 18 para 4 GESO) and the meeting of creditors and the creditors' committee given the right to demand more widely reporting and accounting (§ 15 paragraph 5, sentence 2 and § 15 paragraph 6, sentence 2 GESO). It follows from the claim, as well as the review admits derive not.
7 b) Contrary to the view of the appeal is a claim by the new manager of accounting by the dismissed manager is also not an appropriate use of standards of bankruptcy or insolvency policy, for there are neither the prerequisites of a law immanent nor those of a law of increasing development of the law before (see Larenz / Canaris, Methodology of International Law, 3rd edition, p. 191 ff and p. 232 ff). The question is already if the bankruptcy order, if they have a claim of the new manager of accounting does not regulate, even incomplete, is whether in view of their own settlement plan or the overall legal system, or if to exclude such a claim. In any event, contains neither the bankruptcy nor the bankruptcy order is a regulation, the conclusion, justified the legislature in the case of a statutory scheme establishes the issue in the bankruptcy procedure, a claim the new manager of accounting, or which would be incompatible with universal notions of justice and child rights principles would appear to deny such a claim the new manager (See the criteria BGH, Judgement of 20 January 2000 - IX ZR 58/99, BGHZ 143, 332, 334 ff; December 14, 2006 - IX ZR 92/05, BGHZ 170, 187 Rn and 14 f. 19 f).
8 aa) According to § 66 para 1 of the Insolvency Act has put to the termination of his office manager at a general meeting statement. A similar undertaking normalized § 86 sentence 1 KO. The duty applies and was recognized for the premature removal Administrator (Insolvency Act to § 66: BGH, decision of 14 April 2005 - IX ZB 76/04, ZIP 2005, 865, 866, 10 November 2005 - IX ZB 168 / 04, ZIP 2006, 93; Jaeger / Eckardt, Insolvency Act, § 66 Rn 9;. MünchKomm-InsO/Nowak, 2nd ed § 66 para 3;. FK-InsO/Kind, 5th ed § 66 para. 2; Uhlenbruck, Insolvency, 13 , § 66 para. 24 f; HK-InsO/Eickmann, 5 , § 66 para. 16; to § 86 KO: Kilger / Schmidt, bankruptcy laws, 17 , § 86 KO's note 1a; Kuhn / Uhlenbruck, KO, 11 , § 86 para. 2; Jaeger / Weber, KO, 8 , § 86 para. 1). If he does not fulfill this obligation, the insolvency or bankruptcy court against the administrator of a financial penalty set (§ 58 para 2 clause 1 Insolvency Act, § 84 para 1 sentence 1 KO, BGH, decision of 14 April 2005 - IX ZB 76/04, supra; Jaeger / Eckardt, supra para 21;. Uhlenbruck, supra para 25;. Eickmann, supra; Weber, supra). The other parties to the proceedings, and the new manager can inspire such supervisory measures. A legally enforceable right to their own accounts, the new manager does not.
9 bb) the scope of the Bankruptcy Act, contrary to what the revision of § 86 clause 3 KO otherwise. According to this standard, the subsequent managers had the right to object to the accounting manager of the recall raised. This stood in relation to the provision in § 86 clause 4 KO, after which the bill was accepted as if the date of the creditors' meeting no objections were raised. With the ability to raise objections, the new administrator could thus prevent the discharge of the previous administrator and obtain possible compensation claims. There is no enforceable right to financial reporting did not follow it. For this was no compelling need. Put the old administrator account does not, he could not relieve.
10 cc) is entitled to the new manager after the bankruptcy and the bankruptcy order is not enforceable claim against the accounting manager recalled, may be one can not also included in the scope of the bankruptcy order. If all of the recalled the administrator as a dismissed bankruptcy or insolvency the creditors against the Rechungslegung required. Whether such a duty manager with oversight of the recall measures of the bankruptcy court would be enforceable, may be left (the bankruptcy order does not provide for coercive measures, the Senate has left open whether the provisions of the bankruptcy and insolvency law are far mutatis mutandis, see BGH, Judgement of 27 April 1995 - IX ZR 102/04, ZIP 1995, 932 , 934). A lack of duty of the manager can dismiss any case be taken into account in setting his compensation and result in a claim for damages. The information interests of creditors can be satisfied by the new manager.
11 c) A claim of the plaintiff on accounts by the defendant also does not arise from standards or principles of civil law. Against the relevant observations Court of Appeals does not turn the revision. You are not objectionable from the viewpoint of the Audit Court.
12 d) The Court of the Senate is entitled to in the scope of the bankruptcy order the new administrator a claim against the former manager of access, if, on certain information concerning the current procedure is dependent (BGH, Judgement of 4 December 2003 - IX ZR 222/02, ZIP 2003, 326, 328). Such a claim is not the subject of the present, aimed at accounting action. The applicant seeks the grant of a non-specific, only the defendant's potential as a former administrator access, but a comprehensive and formal composition the mass and the former manager of revenue and expenditure and his other actions. That such special accounts, presupposed in the documents submitted and not visible to the defendant only available knowledge is not claimed by the plaintiff.
Federal
09/23/2010
Case IX ZR 242/09
GESO; KO § 86; Insolvency Act § 66
The bankruptcy process has a newly appointed administrator to dismiss the administrator is not entitled to the grant of a ( partial) final bill .*)
BGH, Judgement of 23.09.2010 - IX ZR 242/09
Previous:
LG Stendal, 17.12.2009 - 22 S 71/09
AG Stendal, 27/05/2009 - 3 C 1038/08
...
The IX. Civil Division of the Federal Supreme Court hearing on the 23rd September 2010 by the presiding judge, Dr. Ganter, Judges Raebel, Prof. Dr. Kayser, Dr. Gehrlein and group
hereby:
The appeal against the verdict of the Civil Chamber of the Landgericht Stendal 2 of 17 December 2009 is rejected at the expense of the plaintiff.
By law
event
1 The defendant was a manager in the bankruptcy proceedings against the assets of the FV. By order of the bankruptcy court on 25 April 2006, he was dismissed from office and ordered the plaintiff to the new manager. The defendant gave the plaintiff range of documents. put to the request by the applicant, a final bill for its administrative work, but after he came not.
2 remained on presentation of a final bill for its administrative work, is made from a revenue and expenditure account, a balance sheet and a final report, direct action in the courts without success. The Court of Appeal approved revision pursued by the applicant on his request.
Grounds
3 The revision had no success.
4 1 The appellate court stated: The bankruptcy order can not see any requirement of the recall liquidator Granting of a partial final bill against third parties. Such obligations are also not a recourse to the provisions of the bankruptcy or insolvency law. While it was recognized that the dismissed manager is required, under § 86 and § 66 para 1 KO Insolvency Act, to create a final invoice. This obligation exists only with respect to the meeting of creditors and the court, not against the new manager. That would only encourage supervisory action of the court. It concluded that neither through the application of law or by analogy a right of action for the new manager will be concluded for the full enforcement proceedings. It is neither a plan anti-loophole, you can still there is a need for a right of action for the new manager. Such could not be from § 259 BGB, the principle of good faith (§ 242 BGB) or derived from § 666 BGB.
5 2 These statements hold legal examination.
6 a) The bankruptcy order contains no provision that would oblige a dismissed manager to put on his undertaking to the following account manager. It is limited to at the end of bankruptcy proceedings, to demand the distribution of producing a final report (§ 18 para 4 GESO) and the meeting of creditors and the creditors' committee given the right to demand more widely reporting and accounting (§ 15 paragraph 5, sentence 2 and § 15 paragraph 6, sentence 2 GESO). It follows from the claim, as well as the review admits derive not.
7 b) Contrary to the view of the appeal is a claim by the new manager of accounting by the dismissed manager is also not an appropriate use of standards of bankruptcy or insolvency policy, for there are neither the prerequisites of a law immanent nor those of a law of increasing development of the law before (see Larenz / Canaris, Methodology of International Law, 3rd edition, p. 191 ff and p. 232 ff). The question is already if the bankruptcy order, if they have a claim of the new manager of accounting does not regulate, even incomplete, is whether in view of their own settlement plan or the overall legal system, or if to exclude such a claim. In any event, contains neither the bankruptcy nor the bankruptcy order is a regulation, the conclusion, justified the legislature in the case of a statutory scheme establishes the issue in the bankruptcy procedure, a claim the new manager of accounting, or which would be incompatible with universal notions of justice and child rights principles would appear to deny such a claim the new manager (See the criteria BGH, Judgement of 20 January 2000 - IX ZR 58/99, BGHZ 143, 332, 334 ff; December 14, 2006 - IX ZR 92/05, BGHZ 170, 187 Rn and 14 f. 19 f).
8 aa) According to § 66 para 1 of the Insolvency Act has put to the termination of his office manager at a general meeting statement. A similar undertaking normalized § 86 sentence 1 KO. The duty applies and was recognized for the premature removal Administrator (Insolvency Act to § 66: BGH, decision of 14 April 2005 - IX ZB 76/04, ZIP 2005, 865, 866, 10 November 2005 - IX ZB 168 / 04, ZIP 2006, 93; Jaeger / Eckardt, Insolvency Act, § 66 Rn 9;. MünchKomm-InsO/Nowak, 2nd ed § 66 para 3;. FK-InsO/Kind, 5th ed § 66 para. 2; Uhlenbruck, Insolvency, 13 , § 66 para. 24 f; HK-InsO/Eickmann, 5 , § 66 para. 16; to § 86 KO: Kilger / Schmidt, bankruptcy laws, 17 , § 86 KO's note 1a; Kuhn / Uhlenbruck, KO, 11 , § 86 para. 2; Jaeger / Weber, KO, 8 , § 86 para. 1). If he does not fulfill this obligation, the insolvency or bankruptcy court against the administrator of a financial penalty set (§ 58 para 2 clause 1 Insolvency Act, § 84 para 1 sentence 1 KO, BGH, decision of 14 April 2005 - IX ZB 76/04, supra; Jaeger / Eckardt, supra para 21;. Uhlenbruck, supra para 25;. Eickmann, supra; Weber, supra). The other parties to the proceedings, and the new manager can inspire such supervisory measures. A legally enforceable right to their own accounts, the new manager does not.
9 bb) the scope of the Bankruptcy Act, contrary to what the revision of § 86 clause 3 KO otherwise. According to this standard, the subsequent managers had the right to object to the accounting manager of the recall raised. This stood in relation to the provision in § 86 clause 4 KO, after which the bill was accepted as if the date of the creditors' meeting no objections were raised. With the ability to raise objections, the new administrator could thus prevent the discharge of the previous administrator and obtain possible compensation claims. There is no enforceable right to financial reporting did not follow it. For this was no compelling need. Put the old administrator account does not, he could not relieve.
10 cc) is entitled to the new manager after the bankruptcy and the bankruptcy order is not enforceable claim against the accounting manager recalled, may be one can not also included in the scope of the bankruptcy order. If all of the recalled the administrator as a dismissed bankruptcy or insolvency the creditors against the Rechungslegung required. Whether such a duty manager with oversight of the recall measures of the bankruptcy court would be enforceable, may be left (the bankruptcy order does not provide for coercive measures, the Senate has left open whether the provisions of the bankruptcy and insolvency law are far mutatis mutandis, see BGH, Judgement of 27 April 1995 - IX ZR 102/04, ZIP 1995, 932 , 934). A lack of duty of the manager can dismiss any case be taken into account in setting his compensation and result in a claim for damages. The information interests of creditors can be satisfied by the new manager.
11 c) A claim of the plaintiff on accounts by the defendant also does not arise from standards or principles of civil law. Against the relevant observations Court of Appeals does not turn the revision. You are not objectionable from the viewpoint of the Audit Court.
12 d) The Court of the Senate is entitled to in the scope of the bankruptcy order the new administrator a claim against the former manager of access, if, on certain information concerning the current procedure is dependent (BGH, Judgement of 4 December 2003 - IX ZR 222/02, ZIP 2003, 326, 328). Such a claim is not the subject of the present, aimed at accounting action. The applicant seeks the grant of a non-specific, only the defendant's potential as a former administrator access, but a comprehensive and formal composition the mass and the former manager of revenue and expenditure and his other actions. That such special accounts, presupposed in the documents submitted and not visible to the defendant only available knowledge is not claimed by the plaintiff.
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investors have no right to compensation
BGH 11.23.2010, XI ZR 26/10
have investors no right to compensation for
apparent gains
("Phoenix")
has an investor against the compensation scheme of the securities trading company in the event of insolvency of their company is not entitled to payment of fictitious profits, which the company earlier in account statements or balances receipts had reported. For neither the wording of § 1 para 4 p. 1 EAEG nor the legislative history, or the Investor Compensation Directive 97/9/EC can see evidence that the right to compensation is to include sham profits.
The facts:
The plaintiff had in September 1999 with an investment amount of around 38 461 DM plus a 4% strength premiums in the amount of 1538 DM to the Phoenix Managed Account, one of the Phoenix Capital Services GmbH in its own name for the common benefit of total of approximately 30,000 investors managed collective investment involved. This put the client money in futures contracts (futures and options) for the joint account for speculative purposes.
since 1998, the latest Phoenix Capital Services GmbH, however, only a small portion of interest received by their clients' money in accordance with the contract in futures. Much of the money was used in the way of a "pyramid scheme" for payments to old-layers and for the ongoing business and operating costs. In this way, the plaintiff was subsequently payments over a total of around € 19,304. Were disclosed to him while monthly bank statements. The last extract on 28/02/2005 had a bank balance of around € 7,571 when in fact no profits had been earned.
In March 2005, said the Federal Agency for Financial Services der Phoenix Kapitaldienst GmbH den weiteren Geschäftsbetrieb und stellte den Entschädigungsfall fest. Im Juli wurde dann über das Vermögen der GmbH das Insolvenzverfahren eröffnet. Der Kläger forderte von der beklagten Entschädigungseinrichtung der Wertpapierhandelsunternehmen auf der Grundlage des letzten Kontoauszuges und nach Abzug des gesetzlichen Selbstbehalts von 10% eine Entschädigungsleistung von rund 6.814 €.
LG und KG wiesen die Klage ab. Auf die Revision des Klägers gab der BGH der Klage zu einem geringen Teil - und zwar in Höhe der Differenz zwischen der Nettoanlagesumme und den Auszahlungen sowie nach Abzug des Selbstbehalts von 10% - statt.
drafted by the Phoenix Capital Services GmbH, account statements and confirmations of balances already represents no abstract promise of debt or acknowledgment of debt, could be the basis of a claim. In addition, however, a claim for compensation had to be denied in terms of principle on the reported profits slip in the bank statements. For neither the wording of § 1 para 4 p. 1 of the Deposit Guarantee and Investor Compensation Act (EAEC) or its legislative history, or the Investor Compensation Directive 97/9/EC of the evidence did for 3.3.1997 , Found that the right to compensation is to include sham profits.
BGH 11.23.2010, XI ZR 26/10
have investors no right to compensation for
apparent gains
("Phoenix")
has an investor against the compensation scheme of the securities trading company in the event of insolvency of their company is not entitled to payment of fictitious profits, which the company earlier in account statements or balances receipts had reported. For neither the wording of § 1 para 4 p. 1 EAEG nor the legislative history, or the Investor Compensation Directive 97/9/EC can see evidence that the right to compensation is to include sham profits.
The facts:
The plaintiff had in September 1999 with an investment amount of around 38 461 DM plus a 4% strength premiums in the amount of 1538 DM to the Phoenix Managed Account, one of the Phoenix Capital Services GmbH in its own name for the common benefit of total of approximately 30,000 investors managed collective investment involved. This put the client money in futures contracts (futures and options) for the joint account for speculative purposes.
since 1998, the latest Phoenix Capital Services GmbH, however, only a small portion of interest received by their clients' money in accordance with the contract in futures. Much of the money was used in the way of a "pyramid scheme" for payments to old-layers and for the ongoing business and operating costs. In this way, the plaintiff was subsequently payments over a total of around € 19,304. Were disclosed to him while monthly bank statements. The last extract on 28/02/2005 had a bank balance of around € 7,571 when in fact no profits had been earned.
In March 2005, said the Federal Agency for Financial Services der Phoenix Kapitaldienst GmbH den weiteren Geschäftsbetrieb und stellte den Entschädigungsfall fest. Im Juli wurde dann über das Vermögen der GmbH das Insolvenzverfahren eröffnet. Der Kläger forderte von der beklagten Entschädigungseinrichtung der Wertpapierhandelsunternehmen auf der Grundlage des letzten Kontoauszuges und nach Abzug des gesetzlichen Selbstbehalts von 10% eine Entschädigungsleistung von rund 6.814 €.
LG und KG wiesen die Klage ab. Auf die Revision des Klägers gab der BGH der Klage zu einem geringen Teil - und zwar in Höhe der Differenz zwischen der Nettoanlagesumme und den Auszahlungen sowie nach Abzug des Selbstbehalts von 10% - statt.
Die Gründe: 
Ein darüber Outgoing claim of the plaintiff against the defendant was not present.
Ein darüber Outgoing claim of the plaintiff against the defendant was not present. drafted by the Phoenix Capital Services GmbH, account statements and confirmations of balances already represents no abstract promise of debt or acknowledgment of debt, could be the basis of a claim. In addition, however, a claim for compensation had to be denied in terms of principle on the reported profits slip in the bank statements. For neither the wording of § 1 para 4 p. 1 of the Deposit Guarantee and Investor Compensation Act (EAEC) or its legislative history, or the Investor Compensation Directive 97/9/EC of the evidence did for 3.3.1997 , Found that the right to compensation is to include sham profits.
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Publikums-KG
BGH 06.07.2010, II ZR 210/09
Advisory
a public-KG
can be used as a special representative as defined in § § 46 GmbHG No. 8, 147 paragraph 2 sentence 1 AktG be ordered
Partners of a partnership may for the purpose of enforcement of claims against their representative organs being in appropriate application of § § 46 No. 8 Halbs. 2 GmbHG, 147 paragraph 2 sentence 1 AktG appoint a special representative. As such a special representative of the Advisory Board may be appointed a public limited partnership.
The facts:
The applicants, three limited partnerships require the defendant to their common partner, the refund of commission payments. Subject matter of the companies (public companies with a large number of investors) is the construction, acquisition and operations and the sale of ships. They were established with identical social contracts from July 1992 by the R-GmbH as the sole general partner. The Gründungskomplementärin was converted in October 2000 in the defendant.
In February 2005, the defendant in the name and on behalf of the applicants for 2005 each, a "Commission Agreement" with the company from O-GmbH. This should provide a variety of activities for the shipping company. As a fee for these activities, the O-GmbH month. an "address commission" amounting to 1.0 percent of gross freight promised and provided to the applicants into account. An identical agreement was concluded for the year 2006.
The applicants are now demanding - in each case represented by its Advisory Board - refund of money in 2005 and 2006 commissions. They believe that the defendant had breached its obligation to independently exercise the management. The representation power of the councils is clear from their particular, the supervisory board of a public company approximated function in the public-KG in conjunction with the relevant shareholder resolutions. The defendant denies, however, the Vertretungsbefugnis der Beiräte.
LG und OLG gaben der Klage vollumfänglich statt. Der BGH wies darauf hin, dass er beabsichtigt, die vom OLG zugelassene Revision der Beklagten durch Beschluss gem. § 552 a ZPO zurückzuweisen.
Die Beiräte der Klägerinnen sind jeweils wirksam von den Gesellschafterversammlungen mit der Prozessführung gegen die Beklagte beauftragt und bevollmächtigt worden. For this reason alone could the councils of the meaning of § 51 para 1 CCP process-disabled applicants represented in the process. On a legal representative authorizing analogous to § 112 AktG, it does not matter. Partner in a partnership may apply to the enforcement of claims against their representative organs being in appropriate application of § § 46 No. 8 Halbs. 2 GmbHG, 147 paragraph 2 sentence 1 AktG appoint a special representative. Here are all the conditions for effective appointment of the Advisory Councils as Special Counsel to the active case against the defendant.
The applicants were not represented by the general partners. The defendant ist als verklagte Komplementärin wegen des Verbots eines Insichprozesses von der organschaftlichen Prozessvertretung gegen sich selbst ausgeschlossen. Die Klägerinnen konnten auch nicht jeweils durch die zweite persönlich haftende Gesellschafterin vertreten werden. Allerdings führt das Ausscheiden eines von zwei Komplementären grundsätzlich dazu, dass der verbleibende Komplementär vertretungsberechtigt ist, und zwar selbst dann, wenn beide nach dem Gesellschaftsvertrag nur gesamtvertretungsberechtigt waren. Dies kann aber im Streitfall nicht gelten.
Es kann nicht erwartet werden, dass derjenige Ansprüche verfolgt, der selbst Gefahr läuft, dass in dem entsprechenden Verfahren etwaige eigene Versäumnisse oder Versäumnisse of the person liable cooperative or other business people are revealed. already justify a potential conflict of interest regarding the admissibility of his appointment, despite the presence of a second general partner, this is certainly taking into account the special circumstances of the case: From the submitted file drawers to find that managing the second partner is always the same, also to represent the legitimate interests- Managing general partner of the defendant. Thus the same conflict of interest is also in the view before the second general partner.
In Others are also other facilities for effective appointment of the advisory boards, where as a representative of the applicants.
BGH 06.07.2010, II ZR 210/09
Advisory
a public-KG
can be used as a special representative as defined in § § 46 GmbHG No. 8, 147 paragraph 2 sentence 1 AktG be ordered
Partners of a partnership may for the purpose of enforcement of claims against their representative organs being in appropriate application of § § 46 No. 8 Halbs. 2 GmbHG, 147 paragraph 2 sentence 1 AktG appoint a special representative. As such a special representative of the Advisory Board may be appointed a public limited partnership.
The facts:
The applicants, three limited partnerships require the defendant to their common partner, the refund of commission payments. Subject matter of the companies (public companies with a large number of investors) is the construction, acquisition and operations and the sale of ships. They were established with identical social contracts from July 1992 by the R-GmbH as the sole general partner. The Gründungskomplementärin was converted in October 2000 in the defendant.
In February 2005, the defendant in the name and on behalf of the applicants for 2005 each, a "Commission Agreement" with the company from O-GmbH. This should provide a variety of activities for the shipping company. As a fee for these activities, the O-GmbH month. an "address commission" amounting to 1.0 percent of gross freight promised and provided to the applicants into account. An identical agreement was concluded for the year 2006.
The applicants are now demanding - in each case represented by its Advisory Board - refund of money in 2005 and 2006 commissions. They believe that the defendant had breached its obligation to independently exercise the management. The representation power of the councils is clear from their particular, the supervisory board of a public company approximated function in the public-KG in conjunction with the relevant shareholder resolutions. The defendant denies, however, the Vertretungsbefugnis der Beiräte.
LG und OLG gaben der Klage vollumfänglich statt. Der BGH wies darauf hin, dass er beabsichtigt, die vom OLG zugelassene Revision der Beklagten durch Beschluss gem. § 552 a ZPO zurückzuweisen.
Die Gründe: 
Die vom OLG der Zulassung der Revision zugrunde gelegte Frage, ob bei einer Publikums-Kommanditgesellschaft analog § 112 AktG der gewählte Beirat die Gesellschaft in einer Klage gegen den Geschäftsführer gerichtlich vertreten kann, ist nicht entscheidungserheblich.
Die vom OLG der Zulassung der Revision zugrunde gelegte Frage, ob bei einer Publikums-Kommanditgesellschaft analog § 112 AktG der gewählte Beirat die Gesellschaft in einer Klage gegen den Geschäftsführer gerichtlich vertreten kann, ist nicht entscheidungserheblich. Die Beiräte der Klägerinnen sind jeweils wirksam von den Gesellschafterversammlungen mit der Prozessführung gegen die Beklagte beauftragt und bevollmächtigt worden. For this reason alone could the councils of the meaning of § 51 para 1 CCP process-disabled applicants represented in the process. On a legal representative authorizing analogous to § 112 AktG, it does not matter. Partner in a partnership may apply to the enforcement of claims against their representative organs being in appropriate application of § § 46 No. 8 Halbs. 2 GmbHG, 147 paragraph 2 sentence 1 AktG appoint a special representative. Here are all the conditions for effective appointment of the Advisory Councils as Special Counsel to the active case against the defendant.
The applicants were not represented by the general partners. The defendant ist als verklagte Komplementärin wegen des Verbots eines Insichprozesses von der organschaftlichen Prozessvertretung gegen sich selbst ausgeschlossen. Die Klägerinnen konnten auch nicht jeweils durch die zweite persönlich haftende Gesellschafterin vertreten werden. Allerdings führt das Ausscheiden eines von zwei Komplementären grundsätzlich dazu, dass der verbleibende Komplementär vertretungsberechtigt ist, und zwar selbst dann, wenn beide nach dem Gesellschaftsvertrag nur gesamtvertretungsberechtigt waren. Dies kann aber im Streitfall nicht gelten.
Es kann nicht erwartet werden, dass derjenige Ansprüche verfolgt, der selbst Gefahr läuft, dass in dem entsprechenden Verfahren etwaige eigene Versäumnisse oder Versäumnisse of the person liable cooperative or other business people are revealed. already justify a potential conflict of interest regarding the admissibility of his appointment, despite the presence of a second general partner, this is certainly taking into account the special circumstances of the case: From the submitted file drawers to find that managing the second partner is always the same, also to represent the legitimate interests- Managing general partner of the defendant. Thus the same conflict of interest is also in the view before the second general partner.
In Others are also other facilities for effective appointment of the advisory boards, where as a representative of the applicants.
Monday, November 22, 2010
How Much Board On Board Fence Costs
consumerism
"Every year ...", so begins a well-known Christmas carol. But today is probably less and less the Christ child, but rather the "consumption is" the stupid the average person who knows nothing in life other than the material world around them. Although he is far from feeling as happy, consumption seems to him the only one to be what gives it up to a degree of satisfaction. How pathetic must a person's life, for the having of great importance is? Right now in the holiday season you can see them again anywhere, the people who have nothing else in the head as hard for her convert-earned money into goods and services. Nearly 300 € to spend the average German or Austrian in the next month for Christmas, according to the forecast of the experts. 300 €, which could be used much more reasonable.
Human freedom is precisely that 'no' to say 'no' to around drinking, "No" to things and, ultimately, "no" to most people around him. How should someone be free, under the necessity of connection to things or people? Freedom is not the mobility of the non Need of anything but themselves? I think the is the case. Most do not recognize at all the chains that bind them and live in the illusion of free people to be - as if there is such a thing as a free man would be in this world? Well, I exaggerate a little, for they are already free men, but they are extremely rare and do not fuss around, yes they are from ordinary people as "strange" or even as "eccentric" views.
Happy are the people who celebrate Christmas at all and celebrate this day as every other year. The original meaning of this festival is already lost, and the Bible says nothing of a fir tree, the one drawing up in his apartment. Senseless, entire plantations of Christmas trees planted, only hinzuverdorren then for a week or two in a warm, dry room to himself. For this, the hypocrisy! The families come together to enjoy artificially sing corny songs and the belly of their travel, and often to a not entirely negligible quantity comes to hard liquor, without which, the admit to many of would be the festive season not to survive. There is never a family more stress than just the holidays and this would offer a great opportunity to see what's really wrong between people. Friends looking for one off, but with the family one is beaten for a lifetime, they must take as it is, even if none of its members liebt. Es ist eine Ironie des Schicksals, dass Menschen so verbogen werden diejenigen zu lieben, mit denen sie gemeinsame Vorfahren haben. Wohlwollen wird zur Pflicht, die wahren Gefühle eines Menschen spielen dabei keine Rolle. Mütter und Väter erziehen ihre Kinder so, dass diese sie und die anderen Verwandten lieben. Dass dies in Wahrheit oft gar nicht der Fall ist, wir durch eine künstliche Schicht an „Rollenspielen“ überdeckt, so dass nach außen hin alles harmonisch und schön aussieht. Der Schein zählt mehr als das Sein! So funktioniert jede Gesellschaft. Und gerade aus der seelischen Not heraus, die die Folge eines solchen falschen Verhaltens ist, speisen sich allerlei Abhängigkeiten. Der Mensch, der nicht he himself may have to develop attachments to things and people, otherwise it can not survive. The consumption, more pronounced in its form, is just one of the consequences of this, I think it may well call it, adult neurosis! wake up sleepy Christmas and New Year's simple and on the third or fourth re January::
A proposal for this year then is the nightmare is over and one is none other than well-rested for the new year! 
"Every year ...", so begins a well-known Christmas carol. But today is probably less and less the Christ child, but rather the "consumption is" the stupid the average person who knows nothing in life other than the material world around them. Although he is far from feeling as happy, consumption seems to him the only one to be what gives it up to a degree of satisfaction. How pathetic must a person's life, for the having of great importance is? Right now in the holiday season you can see them again anywhere, the people who have nothing else in the head as hard for her convert-earned money into goods and services. Nearly 300 € to spend the average German or Austrian in the next month for Christmas, according to the forecast of the experts. 300 €, which could be used much more reasonable. Human freedom is precisely that 'no' to say 'no' to around drinking, "No" to things and, ultimately, "no" to most people around him. How should someone be free, under the necessity of connection to things or people? Freedom is not the mobility of the non Need of anything but themselves? I think the is the case. Most do not recognize at all the chains that bind them and live in the illusion of free people to be - as if there is such a thing as a free man would be in this world? Well, I exaggerate a little, for they are already free men, but they are extremely rare and do not fuss around, yes they are from ordinary people as "strange" or even as "eccentric" views.
Happy are the people who celebrate Christmas at all and celebrate this day as every other year. The original meaning of this festival is already lost, and the Bible says nothing of a fir tree, the one drawing up in his apartment. Senseless, entire plantations of Christmas trees planted, only hinzuverdorren then for a week or two in a warm, dry room to himself. For this, the hypocrisy! The families come together to enjoy artificially sing corny songs and the belly of their travel, and often to a not entirely negligible quantity comes to hard liquor, without which, the admit to many of would be the festive season not to survive. There is never a family more stress than just the holidays and this would offer a great opportunity to see what's really wrong between people. Friends looking for one off, but with the family one is beaten for a lifetime, they must take as it is, even if none of its members liebt. Es ist eine Ironie des Schicksals, dass Menschen so verbogen werden diejenigen zu lieben, mit denen sie gemeinsame Vorfahren haben. Wohlwollen wird zur Pflicht, die wahren Gefühle eines Menschen spielen dabei keine Rolle. Mütter und Väter erziehen ihre Kinder so, dass diese sie und die anderen Verwandten lieben. Dass dies in Wahrheit oft gar nicht der Fall ist, wir durch eine künstliche Schicht an „Rollenspielen“ überdeckt, so dass nach außen hin alles harmonisch und schön aussieht. Der Schein zählt mehr als das Sein! So funktioniert jede Gesellschaft. Und gerade aus der seelischen Not heraus, die die Folge eines solchen falschen Verhaltens ist, speisen sich allerlei Abhängigkeiten. Der Mensch, der nicht he himself may have to develop attachments to things and people, otherwise it can not survive. The consumption, more pronounced in its form, is just one of the consequences of this, I think it may well call it, adult neurosis! wake up sleepy Christmas and New Year's simple and on the third or fourth re January::
A proposal for this year then is the nightmare is over and one is none other than well-rested for the new year!
Wednesday, November 10, 2010
Cube Runner Unblocked At School
88. Hier also meine letzten Aufschreibungen
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G egen end of December 1893 I made the decision to stop making the envelope, because my eyes were quite critical.
I had made since Advent 1891 to October 1893! 43'921! Envelopes. The boredom drove me time and again to this work, as well as some parties kaprizierten because of the good rubber on my products.
Because of my sick eyes, especially of the right, I advised the watchmaker Vischner, the famous eye Nartz Othmar Purtscher in Klagenfurt visit. So I went on 7 May 1894 by train for 1 Gulden 28 Kreuzer Jews castle there. This friendly gentleman at once recognized in my right eye cataract and had the surgery done immediately, if I might have to decide. I asked him to provide a means for the possible preservation of the left, already very debilitated eye, which he prescribed me a prescription for drops and an ointment to rub above the left eye and at the temples. For the meeting, he demanded 2 guilders. Clock in the evening at 10 I was back home.
At Pentecost 1894 I was in Leoben, where I got the pleasure to see the new railway to Aflenz. I took a map of Leoben and Kapfenberg to return for 80 cruisers. From there I rode the new railway station to the next Aflenz Pabersdorf for 33 cruisers. was then by mail for up to 30 Kreuzer Aflenz, where I arrived at 11 noon clock and everywhere (209) warmly welcomed. One night I slept with Mr Grabner, what has been welcoming our neighbors. When more than 25 years been there mayor, Mr. William Schmid, I had another wonderful day dined and then slept well. I then made several visits. Dr. Winkler drove me to ride the new rail to even up Seebach Au. I now went downhill, visited the host Firstner, vulgo Wedl in Palbersdorf went from there to the next stop arms stone chamber and took the train to the terminus of the incoming train Seebach Au for 28 cruisers. After half an hour was the return to Kapfenberg.
in Leoben told me that Mr. Maister Pettau taken in a stroke a few days then died. In the school holidays in July Ella Hajek was with her two children in Leoben in Wawrinek dannn and some days with us in Knittelfeld. Her husband picked her up in Leoben and was a night here. He hastened sich wieder nach Wien, und Ella reiste mit den Kindern am 16. September über Selztal und Amstetten nach Wien. Ich begleitete sie bis St. Michael, gab ihr 3 Gulden Reisekostenbeitrag und fuhr zur Abwechslung nach Graz. Dort besuchte ich Herrn Kaufmann Hansel Kohlfürst und Herrn Major Plank und noch andere. Über Maria Grün und Stoffbauer gings dann zur Rose. Dort wollte ich die Wirtsleute Tropetz besuchen, die uns als unsere Nebenpartei in der Sterngasse sehr zugetan waren. Jedoch fand ich sie dort nicht mehr. Zwei Nächte schlief ich wieder im vormals Redler'schen Hause. Im Oktober 1894 kam meine Tochter von Wien hierher auf Besuch. Am 18. Oktober 1894 fuhr sie nach Graz, von dort nach Pola und dann zu ihrem Sohn Viktor Wilkowitz in Mähren. ......
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Hier enden die »Aufschreibungen« von Johann Neuhold und vermutlich auch sein reich gespicktes Leben.
. 
.
G egen end of December 1893 I made the decision to stop making the envelope, because my eyes were quite critical.
I had made since Advent 1891 to October 1893! 43'921! Envelopes. The boredom drove me time and again to this work, as well as some parties kaprizierten because of the good rubber on my products.
Because of my sick eyes, especially of the right, I advised the watchmaker Vischner, the famous eye Nartz Othmar Purtscher in Klagenfurt visit. So I went on 7 May 1894 by train for 1 Gulden 28 Kreuzer Jews castle there. This friendly gentleman at once recognized in my right eye cataract and had the surgery done immediately, if I might have to decide. I asked him to provide a means for the possible preservation of the left, already very debilitated eye, which he prescribed me a prescription for drops and an ointment to rub above the left eye and at the temples. For the meeting, he demanded 2 guilders. Clock in the evening at 10 I was back home.
At Pentecost 1894 I was in Leoben, where I got the pleasure to see the new railway to Aflenz. I took a map of Leoben and Kapfenberg to return for 80 cruisers. From there I rode the new railway station to the next Aflenz Pabersdorf for 33 cruisers. was then by mail for up to 30 Kreuzer Aflenz, where I arrived at 11 noon clock and everywhere (209) warmly welcomed. One night I slept with Mr Grabner, what has been welcoming our neighbors. When more than 25 years been there mayor, Mr. William Schmid, I had another wonderful day dined and then slept well. I then made several visits. Dr. Winkler drove me to ride the new rail to even up Seebach Au. I now went downhill, visited the host Firstner, vulgo Wedl in Palbersdorf went from there to the next stop arms stone chamber and took the train to the terminus of the incoming train Seebach Au for 28 cruisers. After half an hour was the return to Kapfenberg.
in Leoben told me that Mr. Maister Pettau taken in a stroke a few days then died. In the school holidays in July Ella Hajek was with her two children in Leoben in Wawrinek dannn and some days with us in Knittelfeld. Her husband picked her up in Leoben and was a night here. He hastened sich wieder nach Wien, und Ella reiste mit den Kindern am 16. September über Selztal und Amstetten nach Wien. Ich begleitete sie bis St. Michael, gab ihr 3 Gulden Reisekostenbeitrag und fuhr zur Abwechslung nach Graz. Dort besuchte ich Herrn Kaufmann Hansel Kohlfürst und Herrn Major Plank und noch andere. Über Maria Grün und Stoffbauer gings dann zur Rose. Dort wollte ich die Wirtsleute Tropetz besuchen, die uns als unsere Nebenpartei in der Sterngasse sehr zugetan waren. Jedoch fand ich sie dort nicht mehr. Zwei Nächte schlief ich wieder im vormals Redler'schen Hause. Im Oktober 1894 kam meine Tochter von Wien hierher auf Besuch. Am 18. Oktober 1894 fuhr sie nach Graz, von dort nach Pola und dann zu ihrem Sohn Viktor Wilkowitz in Mähren. ......
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Hier enden die »Aufschreibungen« von Johann Neuhold und vermutlich auch sein reich gespicktes Leben.
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Monday, November 8, 2010
Cube Fieldunblocked At School
87. Zurück nach Graz
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A m 10. September 1893 fuhr Fräulein Hulda zurück und ich nach Graz. Vorher besuchte ich in Bruck den Herrn Dr. Gmeiner und den Spitalarzt Dr. Bertha, welcher meinen erwähnten und immer wieder entstandenen Dippel untersuchte und gleich wieder operieren wollte. (208) Ich sagte jedoch, solange dieses Übel keine Schmerzen verursacht, ließe sich wohl eine Operation hinausschieben.
Durch Kathi Stadler hatte ich erfahren, dass ich noch immer im vormals Anna-Stadler-Haus in Graz über Nacht bleiben könne. So blieb ich dort am 10. und 11. September und gab dem Gärtner Pächter Freiberger für 2 Nachtlager, für 2mal Frühstück und 2 Abendkaffee, dann für 4 halbe Semmeln einen Gulden.
Da er told me that I will be surprised at the many new buildings, I went to the battle bridge and was really surprised at the number of new one-, two-and three-storey houses from the Neuholdau to Münzgrabenskirche.
The new criminal court building in the extended Jakomini alley is located in this sea of \u200b\u200bhouses. I had to go the nearest way to Hafnerriegel ask to get from there to the Peter Street and the grave of my wife.
away from the cemetery I went to Walter village by the Schiller Street to Sacred Heart Church and had to because of heavy fog suddenly a gentleman talk to me the way to the to show the interior of the city, as was the sea of houses in the area bigger.
. 
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A m 10. September 1893 fuhr Fräulein Hulda zurück und ich nach Graz. Vorher besuchte ich in Bruck den Herrn Dr. Gmeiner und den Spitalarzt Dr. Bertha, welcher meinen erwähnten und immer wieder entstandenen Dippel untersuchte und gleich wieder operieren wollte. (208) Ich sagte jedoch, solange dieses Übel keine Schmerzen verursacht, ließe sich wohl eine Operation hinausschieben.
Durch Kathi Stadler hatte ich erfahren, dass ich noch immer im vormals Anna-Stadler-Haus in Graz über Nacht bleiben könne. So blieb ich dort am 10. und 11. September und gab dem Gärtner Pächter Freiberger für 2 Nachtlager, für 2mal Frühstück und 2 Abendkaffee, dann für 4 halbe Semmeln einen Gulden.
Da er told me that I will be surprised at the many new buildings, I went to the battle bridge and was really surprised at the number of new one-, two-and three-storey houses from the Neuholdau to Münzgrabenskirche.
away from the cemetery I went to Walter village by the Schiller Street to Sacred Heart Church and had to because of heavy fog suddenly a gentleman talk to me the way to the to show the interior of the city, as was the sea of houses in the area bigger.
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Wednesday, November 3, 2010
Merilyn Sakova Meguapload
86. Meine beeiferte Kuvertmacherei
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W egen of hastened Kuvertmacherei in this my written records was a pause. I was on 30 June 1893 to continue writing. Just the sight of my eyes and the mobility of my hand for a year so weak that I might be somewhat long run the spring.
On 20 and 21 August 1892 was the now retired bank official, Mr Kolfürst with his wife and daughters with Miss Round trip tickets to Villach came here. He went into the hotel and was Finze me for a chat at once humble themselves. (206) He took me from 9 packages envelopes, and I had to promise to visit him, in case I came to Graz.
On 12 September 1892 I was with envelopes in Judenburg and 13 September, I went to Graz, taking with them 16 packages that I partly in St. Michael and partly sold in Graz.
On this day there was the im orientalischen Stil neu und hübsch erbaute Synagoge in der Zweiglgasse, abwärts der Radetzkybrücke am rechten Mur-Ufer eingeweiht.
Ich besuchte Herrn Kohlfürst und erhielt von ihm den Auftrag für 1100 Kuverts. Mein Nachtlager hatte ich bei Herrn Major Plank. Am nächsten Tag besuchte ich das Grab meiner Gattin, nahm bei Leidersdorf ein Ries Papier und fuhr abends mit gemischtem Zug nach Leoben und arbeitete an den Kuverts für Herrn Kolfürst, welche ich am 25. Oktober 1892 an ihn sandte.
Mein Kuvert-Eifer war jedoch Schuld, dass ich erst am 25. Februar 1894 zur Fortsetzung dieser meiner Schreiben kam.
(Rückblende:) Am 17. November 1892 war ich wieder in Judenburg, sowie am 23. März 1893 und am 30. März in Zeltweg. Am 29. April 1893 fuhr ich nach Leoben und am 26. Mai 1893 ließ ich mich fotografieren und sandte mein Bildnis an Herrn Maister in Pettau, an Kaufmann Petschaller in Aflenz, an Maria Schidan und Ella Hajek in Wien, dann an Wawrinek in Leoben, an Messner in Pola , an Optiker Bernhardt in Karlsbad und an die 73 Jahre alte Lederermeisterswitwe Anna Steurer in Mureck. Ein Bild erhielt mein Herr Sohn und eines the watchmaker and poet Wischner.
On 25 June and 1 July 1993 I was back in Judenburg. Mr. Heinrich Plank, kk Major, Kohl and Anton Prince, then in Graz and Mrs. Mrs. Zeitler Holzer Aflenz also received a photograph.
On 23 July 1893 I sent several pictures from the magazine to good hour, "according to Pola for the children of the couple Messner. On 12 August came from all parts of Styria and Carinthia from Friesach here in dashing Turner, even from German Laibach Turner. On 13 August was in good weather from the gym ago by Mr. Lane to the main square, a magnificent river with several music bands.
front of City Hall a grandstand was opened, on which the Lord Mayor of all the dignitaries and many beautiful young ladies surrounded the honor marching in front of the grandstand Turner welcomed solemnly. (207) But during which all gymnasts and gymnastic friends poignant speech by the mayor of the rain god suddenly sent a small cloud so that their spirits are poured on the large crowd. The inputs in the houses could not accommodate all those seeking sanctuary, and the dear maids of honor were soaked half before they could flee down from the stands.
was barely two minutes gone after the critical rain cloud. Everyone rushed back to his seat and the mayor was able to continue and complete his pithy speech.
Then all rushed to the lunch, which by local and foreign gymnasts in the spacious, with bleachers and seats provided plenty of fire-training area, the most glorious Turn exercises were performed. Likewise also the other day in the afternoon.
On 14 August, I sent 10 boxes of shotgun shells that I had brought from Aflenz, to the merchant Petsch received for all, and on 14 September 2 Gulden 50 Kreuzer.
said in a newspaper notice is that on 8 September from all parts of Styria delegations of the voluntary fire brigades will be coming to Leoben. So I went on 7 August with a cousin to Mr. and Mrs. Hulda then Wawrinek to view the festival. On 8 Gathered early August, the firefighters at the station, from where a magnificent then Enter into the festive city was decorated. In the meantime, went off from the hill behind the station 100 gun salutes. Here, as in the Knittelfeld feeding were greeted with countless bouquets.
From the Town Hall balcony before which the whole train took up the brave men were the mayor bewillkommt solemnly. The next day was the main square of the height of some large houses made fire drills, which were thwarted by the sustained rain.
A pleasant surprise for me was when the fire Aflenzer tailor Ortner, Lebzelter Schmölzer, Schuster Hödl and merchant Petsch All came toward me and welcomed me warmly. I had to assure you that I, as soon as the railway under construction to be finished by Kapfenberg Aflenz would come for a visit to Aflenz.
. 
.
W egen of hastened Kuvertmacherei in this my written records was a pause. I was on 30 June 1893 to continue writing. Just the sight of my eyes and the mobility of my hand for a year so weak that I might be somewhat long run the spring.
On 20 and 21 August 1892 was the now retired bank official, Mr Kolfürst with his wife and daughters with Miss Round trip tickets to Villach came here. He went into the hotel and was Finze me for a chat at once humble themselves. (206) He took me from 9 packages envelopes, and I had to promise to visit him, in case I came to Graz.
On 12 September 1892 I was with envelopes in Judenburg and 13 September, I went to Graz, taking with them 16 packages that I partly in St. Michael and partly sold in Graz.
On this day there was the im orientalischen Stil neu und hübsch erbaute Synagoge in der Zweiglgasse, abwärts der Radetzkybrücke am rechten Mur-Ufer eingeweiht.
Ich besuchte Herrn Kohlfürst und erhielt von ihm den Auftrag für 1100 Kuverts. Mein Nachtlager hatte ich bei Herrn Major Plank. Am nächsten Tag besuchte ich das Grab meiner Gattin, nahm bei Leidersdorf ein Ries Papier und fuhr abends mit gemischtem Zug nach Leoben und arbeitete an den Kuverts für Herrn Kolfürst, welche ich am 25. Oktober 1892 an ihn sandte.
Mein Kuvert-Eifer war jedoch Schuld, dass ich erst am 25. Februar 1894 zur Fortsetzung dieser meiner Schreiben kam.
On 25 June and 1 July 1993 I was back in Judenburg. Mr. Heinrich Plank, kk Major, Kohl and Anton Prince, then in Graz and Mrs. Mrs. Zeitler Holzer Aflenz also received a photograph.
front of City Hall a grandstand was opened, on which the Lord Mayor of all the dignitaries and many beautiful young ladies surrounded the honor marching in front of the grandstand Turner welcomed solemnly. (207) But during which all gymnasts and gymnastic friends poignant speech by the mayor of the rain god suddenly sent a small cloud so that their spirits are poured on the large crowd. The inputs in the houses could not accommodate all those seeking sanctuary, and the dear maids of honor were soaked half before they could flee down from the stands.
Then all rushed to the lunch, which by local and foreign gymnasts in the spacious, with bleachers and seats provided plenty of fire-training area, the most glorious Turn exercises were performed. Likewise also the other day in the afternoon.
On 14 August, I sent 10 boxes of shotgun shells that I had brought from Aflenz, to the merchant Petsch received for all, and on 14 September 2 Gulden 50 Kreuzer.
said in a newspaper notice is that on 8 September from all parts of Styria delegations of the voluntary fire brigades will be coming to Leoben. So I went on 7 August with a cousin to Mr. and Mrs. Hulda then Wawrinek to view the festival. On 8 Gathered early August, the firefighters at the station, from where a magnificent then Enter into the festive city was decorated. In the meantime, went off from the hill behind the station 100 gun salutes. Here, as in the Knittelfeld feeding were greeted with countless bouquets. From the Town Hall balcony before which the whole train took up the brave men were the mayor bewillkommt solemnly. The next day was the main square of the height of some large houses made fire drills, which were thwarted by the sustained rain.
A pleasant surprise for me was when the fire Aflenzer tailor Ortner, Lebzelter Schmölzer, Schuster Hödl and merchant Petsch All came toward me and welcomed me warmly. I had to assure you that I, as soon as the railway under construction to be finished by Kapfenberg Aflenz would come for a visit to Aflenz.
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