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which, inside our view, ought to be answered while in the detrimental. Posting 2291, R. C. S. 1925, provides that: "The clerk shall retain a motion docket through which he shall enter each and every movement filed in his court, the names in the get-togethers and their attorneys, a short assertion of its mother nature, and the quantity of the match where it can be manufactured if it relates to a suit pending. * * * Observe of the motion inside a accommodate pending is supplied by filing the movement and its entry within the motion docket in the time period. * * *" Although we don't deem it vital to ascertain whether, after dismissal and before reinstatement, the case experienced the standing of "a accommodate pending" in the which means of your statute, nonetheless we've been inclined for the watch expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2nd) 692, 694, with reference to your scenario During this situation, where by the court docket claimed: "It [the judgment of dismissal] is precisely what it purports to become, a resolve of an absence of diligence in prosecuting the accommodate for which it truly is stricken in the docket. It effectually place an end to the particular continuing, but was totally ineffectual to find out the deserves on the claim therein asserted." Nonetheless, if we suppose, Whilst we don't so decide, that the case, right after staying dismissed and before its reinstatement, was "a match pending," within the that means of the statute, yet, underneath the circumstances, defendant wasn't visited with statutory or constructive see on the proceedings, simply because no movement to reinstate was ever filed or entered upon the motion docket, and it is just when the statute With this regard is complied with that constructive detect of such a movement is frequented upon the adverse occasion. So within the absence of both genuine or constructive detect of the proceedings that resulted during the rendition of judgment in opposition to him, we predict defendant confirmed realistic justification for his absence; Additionally, he exhibited meritorious defenses to plaintiff's reason behind motion, and we fall short to discover how plaintiff can be materially prejudiced by granting defendant a whole new demo. ...
44 Cats, an Italian animated children's television series, which was inspired by a song of a similar identify.
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(“Owns” also includes items carriage taken on employ or installment wherever the amount payable remains to be due)