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which, in our viewpoint, need to be answered inside the unfavorable. Article 2291, R. C. S. 1925, gives that: "The clerk shall hold a movement docket wherein he shall enter each individual movement filed in his courtroom, the names from the get-togethers as well as their Lawyers, a brief statement of its character, and the volume of the match by which it is actually produced if it relates to a suit pending. * * * Discover of the motion within a accommodate pending is given by filing the movement and its entry in the motion docket throughout the phrase. * * *" While we do not deem it essential to ascertain whether, right after dismissal and before reinstatement, the case had the status of "a go well with pending" throughout the this means in the statute, yet we are inclined to the check out expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2d) 692, 694, with reference to some scenario On this issue, where by the courtroom reported: "It [the judgment of dismissal] is exactly what it purports to become, a dedication of a lack of diligence in prosecuting the go well with for which it is stricken from your docket. It effectually put an conclusion to The actual continuing, but was completely ineffectual to determine the merits in the declare therein asserted." Nonetheless, if we presume, although we do not so decide, that the situation, right after becoming dismissed and just before its reinstatement, was "a go well with pending," within the which means with the statute, nevertheless, underneath the situation, defendant was not frequented with statutory or constructive recognize from the proceedings, for the reason that no movement to reinstate was ever submitted or entered on the movement docket, and it's only in the event the statute With this respect is complied with that constructive observe of such a motion is frequented upon the adverse occasion. So from the absence of possibly precise or constructive see on the proceedings that resulted in the rendition of judgment in opposition to him, we predict defendant confirmed sensible justification for his absence; On top of that, he exhibited meritorious defenses to plaintiff's explanation for action, and we fail to determine how plaintiff may be materially prejudiced by granting defendant a fresh trial. ...

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The Record Price tag may be the instructed retail cost of a whole new product as provided by a company, provider, or vendor. Except for books, Amazon will Display screen an inventory Value In the event the solution was acquired by prospects on Amazon or made available from other merchants at or over the List Cost in a minimum of the past 90 times. Record selling prices may not always reflect the merchandise's prevailing sector price tag.

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