About 44 cash
About 44 cash
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which, inside our feeling, must be answered while in the destructive. Short article 2291, R. C. S. 1925, delivers that: "The clerk shall maintain a movement docket through which he shall enter every movement submitted in his courtroom, the names of your parties as well as their attorneys, a short statement of its nature, and the quantity of the match during which it's manufactured if it pertains to a fit pending. * * * Notice of a motion in a fit pending is provided by submitting the motion and its entry within the motion docket through the time period. * * *" Whilst we don't deem it necessary to determine no matter if, soon after dismissal and prior to reinstatement, the situation experienced the standing of "a accommodate pending" in the which means on the statute, yet we're inclined to the check out expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(second) 692, 694, with reference to some scenario On this situation, the place the courtroom reported: "It [the judgment of dismissal] is exactly what it purports to generally be, a determination of a lack of diligence in prosecuting the suit for which it is actually stricken through the docket. It effectually set an close to The actual continuing, but was solely ineffectual to ascertain the deserves of your declare therein asserted." Even so, if we assume, Whilst we don't so choose, that the case, after getting dismissed and in advance of its reinstatement, was "a match pending," throughout the which means from the statute, but, beneath the situation, defendant was not frequented with statutory or constructive detect from the proceedings, for the more info reason that no movement to reinstate was ever submitted or entered upon the movement docket, and it is only in the event the statute During this respect is complied with that constructive notice of this type of movement is visited on the adverse get together. So in the absence of either true or constructive recognize of the proceedings that resulted while in the rendition of judgment against him, we predict defendant showed affordable justification for his absence; Also, he exhibited meritorious defenses to plaintiff's cause of action, and we fail to view how plaintiff could be materially prejudiced by granting defendant a brand new demo. ...
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