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which, inside our impression, need to be answered from the detrimental. Write-up 2291, R. C. S. 1925, presents that: "The clerk shall hold a movement docket during which he shall enter every movement filed in his court docket, the names on the parties and their Lawyers, a short assertion of its mother nature, and the quantity of the go well with in which it really is produced if it relates to a accommodate pending. * * * Recognize of the movement in a very suit pending is given by filing the motion and its entry inside the motion docket throughout the term. * * *" Whilst we don't deem it required to find out whether, right after dismissal and in advance of reinstatement, the situation experienced the standing of "a accommodate pending" within the which means in the statute, however we've been inclined on the watch expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2nd) 692, 694, with reference to your case In this particular situation, where the courtroom reported: "It [the judgment of dismissal] is just what it purports for being, a dedication of an absence of diligence in prosecuting the accommodate for which it really is stricken from your docket. It effectually set an conclude to The actual continuing, but was completely ineffectual to ascertain the deserves on the claim therein asserted." Nonetheless, if we believe, While we do not so come to a decision, that the situation, soon after staying dismissed and just before its reinstatement, was "a match pending," within the this means with the statute, however, under the conditions, defendant wasn't visited with statutory or constructive detect of the proceedings, simply because no motion to reinstate was ever submitted or entered on the movement docket, and it's only if the statute With this regard is complied with that constructive see of such a movement is visited upon the adverse bash. So during the absence of both precise or constructive detect of your proceedings that resulted while in the rendition of judgment versus him, we expect defendant confirmed acceptable justification for his absence; furthermore, he exhibited meritorious defenses to plaintiff's reason for motion, and we fall short to discover how plaintiff might be materially prejudiced by granting defendant a fresh demo. ...
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