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which, in our impression, really should be answered from the unfavorable. Short article 2291, R. C. S. 1925, offers that: "The clerk shall continue to keep a motion docket during which he shall enter each movement filed in his court, the names on the events as well as their attorneys, a quick assertion of its character, and the amount of the suit during which it can be designed if it pertains to a accommodate pending. * * * Notice of a motion in a match pending is offered by filing the movement and its entry inside the motion docket over the time period. * * *" While we don't deem it needed to find out regardless of whether, soon after dismissal and ahead of reinstatement, the situation experienced the position of "a suit pending" inside the that means of your statute, yet we have been inclined into the see expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(2d) 692, 694, with reference into a scenario During this condition, wherever the court docket stated: "It [the judgment of dismissal] is precisely what it purports to get, a willpower of an absence of diligence in prosecuting the suit for which it is stricken through the docket. It effectually put an finish to The actual continuing, but was completely ineffectual to ascertain the merits of the declare therein asserted." Nevertheless, if we assume, While we don't so make a decision, that the case, following getting dismissed and prior to its reinstatement, was "a go well with pending," within the this means on the statute, nonetheless, under the conditions, defendant was not frequented with statutory or constructive notice of the proceedings, because no movement to reinstate was at any time filed or entered on the motion docket, and it's only in the event the statute On this respect is complied with that constructive notice of such a movement is visited upon the adverse party. So from the absence of either real or constructive detect in the proceedings that resulted while in the rendition of judgment versus him, we expect defendant showed sensible excuse for his absence; On top of that, he exhibited meritorious defenses to plaintiff's reason behind action, and we fail to see how plaintiff may be materially prejudiced by granting defendant a brand new demo. ...
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Both the calculation to generally be created with the period all through which the products carriage is owned because of the taxpayer
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