which, inside our viewpoint, ought to be answered while in the negative. Article 2291, R. C. S. 1925, provides that: "The clerk shall keep a motion docket through which he shall enter each individual movement submitted in his courtroom, the names from the functions as well as their Lawyers, a short statement of its mother nature, and the quantity of the accommodate during which it is actually manufactured if it pertains to a match pending. * * * Discover of a motion inside of a suit pending is offered by filing the movement and its entry from the motion docket in the phrase. * * *" When we do not deem it required to determine whether, soon after dismissal and before reinstatement, the situation experienced the position of "a match pending" within the which means from the statute, but we are inclined to your watch expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2nd) 692, 694, with reference to the circumstance In this particular affliction, where the court explained: "It [the judgment of dismissal] is just what it purports being, a perseverance of an absence of diligence in prosecuting the suit for which it is stricken through the docket. It effectually put an end to The actual proceeding, but was fully ineffectual to determine the merits from the declare therein asserted." However, if we believe, Even though we do not so make a decision, that the situation, after remaining dismissed and just before its reinstatement, was "a accommodate pending," inside the this means of your statute, still, under the situation, defendant wasn't frequented with statutory or constructive notice with the proceedings, simply because no movement to reinstate was at any time filed or entered upon the movement docket, and it's only if the statute On this respect is complied with that constructive detect of this kind of motion is frequented on the adverse get together. So within the absence of possibly genuine or constructive notice of your proceedings that resulted within the rendition of judgment from him, we predict defendant confirmed affordable excuse for his absence; On top of that, he exhibited meritorious defenses to plaintiff's explanation for action, and we are unsuccessful to determine how plaintiff might be materially prejudiced by granting defendant a new trial. ...
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There are forty-4 lessons of finite straightforward teams that crop up from four normal families of this sort of groups:
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A 44-calendar year-outdated male continues to be charged with possessing legal residence, concealing prison residence and getting into into an arrangement to accumulate felony assets.
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