5 Tips about 44 cash You Can Use Today
5 Tips about 44 cash You Can Use Today
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which, in our belief, must be answered while in the adverse. Article 2291, R. C. S. 1925, provides that: "The clerk shall retain a motion docket in which he shall enter each individual movement submitted in his court docket, the names in the get-togethers and their Lawyers, a short statement of its nature, and the number of the go well with by which it can be designed if it pertains to a match pending. * * * Detect of a movement within a go well with pending is given by filing the movement and its entry in the motion docket during the expression. * * *" Though we do not deem it important to determine whether or not, immediately after dismissal and ahead of reinstatement, the situation experienced the position of "a match pending" inside the that means in the statute, yet we're inclined into the see expressed in Hexter v. Pratt (Tex. Com. App.) 10 S.W.(2d) 692, 694, with reference into a circumstance In this particular ailment, wherever the courtroom stated: "It [the judgment of dismissal] is exactly what it purports to generally be, a perseverance of a lack of diligence in prosecuting the suit for which it is stricken in the docket. It effectually place an finish to The actual proceeding, but was solely ineffectual to ascertain the deserves on the assert therein asserted." However, if we presume, Even though we do not so make a decision, that the case, right after getting dismissed and prior to its reinstatement, was "a fit pending," throughout the meaning in the statute, yet, beneath the situations, defendant wasn't visited with statutory or constructive see from the proceedings, due to the fact no movement to reinstate was ever filed or entered on the movement docket, and it is only when the statute On this respect is complied with that constructive discover of this kind of movement is frequented on the adverse party. So while in the absence of either genuine or constructive notice with the proceedings that resulted during the rendition of judgment in opposition to him, we predict defendant showed reasonable excuse for his absence; furthermore, he exhibited meritorious defenses to plaintiff's cause of motion, and we fall short to view how plaintiff might be materially prejudiced by granting defendant a completely new trial. ...
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