which, within our viewpoint, need to be answered while in the adverse. Post 2291, R. C. S. 1925, presents that: "The clerk shall retain a motion docket wherein he shall enter just about every motion filed in his court, the names from the events and their attorneys, a short assertion of its mother nature, and the amount of the match through which it is created if it pertains to a go well with pending. * * * See of a motion inside of a match pending is specified by filing the motion and its entry while in the movement docket during the phrase. * * *" While we do not deem it necessary to find out whether, just after dismissal and in advance of reinstatement, the case experienced the position of "a go well with pending" throughout the meaning of your statute, still we're inclined on the view expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2d) 692, 694, with reference to the circumstance During this ailment, the place the court docket reported: "It [the judgment of dismissal] is just what it purports to get, a perseverance of a lack of diligence in prosecuting the suit for which it's stricken from the docket. It effectually set an conclusion to The actual proceeding, but was fully ineffectual to find out the merits of the declare therein asserted." Nevertheless, if we suppose, Though we do not so make your mind up, that the situation, immediately after staying dismissed and ahead of its reinstatement, was "a accommodate pending," throughout the meaning in the statute, nevertheless, beneath the conditions, defendant wasn't visited with statutory or constructive see of your proceedings, simply because no motion to reinstate was ever filed or entered upon the movement docket, and it is just if the statute On this respect is complied with that constructive discover of this kind of movement is frequented upon the adverse celebration. So inside the absence of both precise or constructive see in the proceedings that resulted inside the rendition of judgment towards him, we think defendant showed sensible excuse for his absence; In addition, he exhibited meritorious defenses to plaintiff's reason for action, click here and we fall short to view how plaintiff could possibly be materially prejudiced by granting defendant a brand new trial. ...
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