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which, in our view, should be answered in the unfavorable. Posting 2291, R. C. S. 1925, gives that: "The clerk shall maintain a movement docket wherein he shall enter every movement submitted in his court docket, the names of your events and their Lawyers, a brief statement of its character, and the number of the fit by which it's created if it pertains to a match pending. * * * Discover of a movement in a very accommodate pending is offered by filing the movement and its entry within the movement docket throughout the time period. * * *" Whilst we don't deem it necessary to determine whether, following dismissal and prior to reinstatement, the situation experienced the status of "a suit pending" throughout the this means of your statute, yet we've been inclined to your see expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(2d) 692, 694, with reference to the circumstance On this problem, exactly where the court said: "It [the judgment of dismissal] is just what it purports for being, a willpower of a lack of diligence in prosecuting the accommodate for which it is stricken with the docket. It effectually set an stop to the particular proceeding, but was entirely ineffectual to determine the merits of the declare therein asserted." Nevertheless, if we assume, Even though we do not so make a decision, that the case, following staying dismissed and just before its reinstatement, was "a go well with pending," in the meaning in the statute, however, under the conditions, defendant was not visited with statutory or constructive notice from the proceedings, mainly because no movement to reinstate was ever filed or entered upon the movement docket, and it is only once the statute During this regard is complied with that constructive observe of such a movement is frequented upon the adverse social gathering. So within the absence of both precise or constructive detect of the proceedings that resulted while in the rendition of judgment towards him, we predict defendant showed reasonable justification for his absence; On top of that, he exhibited meritorious defenses to plaintiff's cause of action, and we fall short to find out how plaintiff may be materially prejudiced by granting defendant a whole new demo. ...
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