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which, inside our impression, really should be answered during the detrimental. Posting 2291, R. C. S. 1925, gives that: "The clerk shall continue to keep a movement docket in which he shall enter every single movement submitted in his court, the names from the parties and their attorneys, a brief statement of its nature, and the amount of the fit where it really is produced if it pertains to a go well with pending. * * * Recognize of a movement in a very fit pending is specified by filing the movement and its entry in the movement docket in the course of the term. * * *" When we don't deem it essential to find out whether or not, soon after dismissal and in advance of reinstatement, the case had the position of "a go well with pending" inside the which means of your statute, however we have been inclined for the view expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2d) 692, 694, with reference to the scenario During this condition, wherever the court reported: "It [the judgment of dismissal] is precisely what it purports to generally be, a resolve of a lack of diligence in prosecuting the accommodate for which it really is stricken through the docket. It effectually place an stop to The actual continuing, but was totally ineffectual to determine the merits on the assert therein asserted." Nevertheless, if we believe, Whilst we don't so determine, that the case, after staying dismissed and before its reinstatement, was "a accommodate pending," within the this means in the statute, still, beneath the instances, defendant was not frequented with statutory or constructive recognize of your proceedings, mainly because no movement to reinstate was ever submitted or entered upon the motion docket, and it's only if the statute In this particular respect is complied with that constructive detect of this type of motion is visited on the adverse social gathering. So while in the absence of both genuine or constructive see from the proceedings that resulted in the rendition of judgment versus him, we expect defendant showed acceptable justification for his absence; Also, he exhibited meritorious defenses to plaintiff's reason for motion, and we are unsuccessful to see how plaintiff can be materially prejudiced by granting defendant a completely new trial. ...
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