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which, in our view, must be answered while in the damaging. Post 2291, R. C. S. 1925, presents that: "The clerk shall retain a motion docket in which he shall enter every movement submitted in his court, the names of your parties and their attorneys, a quick assertion of its nature, and the number of the match in which it truly is made if it relates to a match pending. * * * See of a motion inside a match pending is presented by filing the motion and its entry within the motion docket throughout the term. * * *" Whilst we do not deem it required to determine whether or not, just after dismissal and in advance of reinstatement, the situation experienced the position of "a match pending" inside the meaning of the statute, nevertheless we've been inclined to the watch expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(second) 692, 694, with reference to the circumstance With this situation, wherever the court docket explained: "It [the judgment of dismissal] is precisely what it purports to get, a willpower of a lack of diligence in prosecuting the accommodate for which it is stricken from your docket. It effectually set an close to the particular proceeding, but was solely ineffectual to ascertain the deserves in the assert therein asserted." Nevertheless, if we think, Even though we don't so make your mind up, that the situation, soon after staying dismissed and in advance of its reinstatement, was "a match pending," throughout the that means of the statute, nevertheless, under the situation, defendant was not frequented with statutory or constructive observe on the proceedings, simply because no motion to reinstate was ever submitted or entered upon the motion docket, and it is only in the event the statute in this regard is complied with that constructive notice of such a motion is frequented on the adverse occasion. So from the absence of either true or constructive see on the proceedings that resulted inside the rendition of judgment versus him, we think defendant showed realistic justification for his absence; Moreover, he exhibited meritorious defenses to plaintiff's reason behind action, and we fall short to discover how plaintiff can be materially prejudiced by granting defendant a new demo. ...

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. Viewers are asked for to examine and refer appropriate provisions of statute, most up-to-date judicial pronouncements, circulars, clarifications etcetera prior to acting on The premise of the above mentioned generate up. The possibility of other views on the subject matter can't be dominated out.

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