About 44 cash
About 44 cash
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which, within our view, need to be answered from the unfavorable. Short article 2291, R. C. S. 1925, presents that: "The clerk shall preserve a motion docket during which he shall enter just about every movement filed in his courtroom, the names with the get-togethers as well as their Lawyers, a brief assertion of its character, and the amount of the fit during which it is created if it relates to a go well with pending. * * * Recognize of the movement in a very fit pending is provided by filing the movement and its entry while in the movement docket through the time period. * * *" Though we don't deem it necessary to ascertain regardless of whether, after dismissal and ahead of reinstatement, the situation had the status of "a go well with pending" in the this means in the statute, nevertheless we've been inclined on the look at expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(second) 692, 694, with reference to a case On this problem, wherever the court said: "It [the judgment of dismissal] is just what it purports to become, a determination of a lack of diligence in prosecuting the accommodate for which it is actually stricken from your docket. It effectually put an finish to the particular continuing, but was fully ineffectual to find out the deserves of your declare therein asserted." Even so, if we think, While we do not so decide, that the case, immediately after becoming dismissed and ahead of its reinstatement, was "a fit pending," in the which means in the statute, nonetheless, under the instances, defendant wasn't visited with statutory or constructive detect of your proceedings, mainly because no movement to reinstate was at any time filed or entered upon the movement docket, and it's only in the event the statute With this regard is complied with that constructive recognize of such a motion is frequented on the adverse bash. So from the absence of both genuine or constructive detect of your proceedings that resulted during the rendition of judgment towards him, we think defendant showed sensible justification for his absence; Additionally, he exhibited meritorious defenses to plaintiff's reason behind action, and we fall short to discover how plaintiff may be materially prejudiced by granting defendant a completely new trial. ...
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