44 cash Secrets
44 cash Secrets
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which, inside our opinion, needs to be answered inside the negative. Write-up 2291, R. C. S. 1925, provides that: "The clerk shall retain a movement docket in which he shall enter each individual movement filed in his court, the names of the events and their Lawyers, a brief assertion of its nature, and the number of the match wherein it is designed if it pertains to a match pending. * * * Recognize of a motion inside of a match pending is specified by submitting the motion and its entry in the motion docket over the time period. * * *" When we don't deem it important to find out irrespective of whether, just after dismissal and before reinstatement, the situation experienced the status of "a go well with pending" within the meaning from the statute, nonetheless we've been inclined on the view expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2d) 692, 694, with reference to the situation Within this problem, where by the courtroom reported: "It [the judgment of dismissal] is exactly what it purports to get, a resolve of a lack of diligence in prosecuting the match for which it's stricken from the docket. It effectually place an conclude to The actual continuing, but was completely ineffectual to ascertain the deserves of the assert therein asserted." Even so, if we believe, although we don't so make your mind up, that the case, after getting dismissed and right before its reinstatement, was "a match pending," inside the which means of the statute, nevertheless, underneath the conditions, defendant wasn't frequented with statutory or constructive discover of the proceedings, simply because no movement to reinstate was at any time submitted or entered upon the movement docket, and it's only once the statute With this regard is complied with that constructive discover of this kind of movement is visited on the adverse bash. So during the absence of possibly actual or constructive observe with the proceedings that resulted in the rendition of judgment against him, we predict defendant confirmed reasonable justification for his absence; Moreover, he exhibited meritorious defenses to plaintiff's explanation for motion, and we are unsuccessful to see how plaintiff might be materially prejudiced by granting defendant a whole new trial. ...
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