which, inside our impression, needs to be answered during the adverse. Posting 2291, R. C. S. 1925, delivers that: "The clerk shall keep a motion docket in which he shall enter each motion filed in his court docket, the names of the events as well as their Lawyers, a quick assertion of its nature, and the quantity of the match by which it's created if it pertains to a fit pending. * * * See of a movement in a suit pending is supplied by filing the movement and its entry in the movement docket throughout the phrase. * * *" While we do not deem it needed to determine whether, just after dismissal and right before reinstatement, the situation had the standing of "a go well with pending" throughout the meaning of the statute, but we're inclined to your see expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2nd) 692, 694, with reference into a situation During this issue, where the court docket reported: "It [the judgment of dismissal] is exactly what it purports being, a dedication of an absence of diligence in prosecuting the fit for which it's stricken from your docket. It effectually place an finish to The actual proceeding, but was completely ineffectual to find out the merits in the assert therein asserted." On the other hand, if we believe, Whilst we do not so decide, that the situation, soon after getting dismissed and in advance of its reinstatement, was "a suit pending," in the which means on the statute, yet, under the circumstances, defendant was not visited with statutory or constructive observe from the proceedings, because no motion to reinstate was at any time submitted or entered upon the motion docket, and it is only once the statute With this respect is complied with that constructive notice of this type of motion is visited upon the adverse social gathering. So during the absence of both true or constructive recognize of the proceedings that resulted during the rendition of judgment from him, we expect defendant showed realistic excuse for his absence; Also, he exhibited meritorious defenses to plaintiff's cause of motion, and we fall short to check out how plaintiff may be materially prejudiced by granting defendant a brand new trial. ...
forty four Cats, an Italian animated kid's tv collection, which was encouraged by a song of a similar identify.
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