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which, within our opinion, needs to be answered while in the adverse. Report 2291, R. C. S. 1925, offers that: "The clerk shall maintain a motion docket wherein he shall enter just about every movement filed in his court, the names from the get-togethers and their attorneys, a quick assertion of its character, and the amount of the fit through which it truly is made if it relates to a accommodate pending. * * * Notice of the movement in a very accommodate pending is given by submitting the movement and its entry while in the motion docket over the phrase. * * *" When we don't deem it essential to ascertain whether, soon after dismissal and in advance of reinstatement, the case experienced the standing of "a get more info accommodate pending" inside the this means on the statute, yet we've been inclined on the perspective expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2nd) 692, 694, with reference to a case With this issue, where the courtroom said: "It [the judgment of dismissal] is exactly what it purports being, a perseverance of a lack of diligence in prosecuting the fit for which it can be stricken through the docket. It effectually place an stop to the particular proceeding, but was totally ineffectual to ascertain the deserves from the declare therein asserted." Nevertheless, if we believe, Despite the fact that we don't so determine, that the case, following currently being dismissed and prior to its reinstatement, was "a match pending," in the that means of the statute, nonetheless, under the circumstances, defendant was not frequented with statutory or constructive see on the proceedings, because no movement to reinstate was ever filed or entered on the motion docket, and it is just when the statute In this particular regard is complied with that constructive observe of such a motion is frequented upon the adverse social gathering. So inside the absence of possibly genuine or constructive notice on the proceedings that resulted during the rendition of judgment towards him, we predict defendant showed affordable excuse for his absence; On top of that, he exhibited meritorious defenses to plaintiff's reason for motion, and we fall short to discover how plaintiff might be materially prejudiced by granting defendant a completely new demo. ...
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Below, we will Assess his taxable money beneath usual provisions plus the presumptive plan as below:
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