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which, in our feeling, need to be answered during the detrimental. Report 2291, R. C. S. 1925, gives that: "The clerk shall maintain a movement docket where he shall enter every single motion submitted in his court, the names from the events and their Lawyers, a brief assertion of its nature, and the quantity of the fit in which it can be created if it pertains to a match pending. * * * Notice of the movement within a suit pending is presented by filing the motion and its entry in the motion docket over the expression. * * *" When we don't deem it needed to find out no matter whether, soon after dismissal and right before reinstatement, the situation experienced the status of "a match pending" throughout the that means of the statute, nevertheless we are inclined for the watch expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2d) 692, 694, with reference into a scenario in this situation, the place the court docket reported: "It [the judgment of dismissal] is just what it purports to be, a determination of a lack of diligence in prosecuting the fit for which it truly is stricken with the docket. It effectually set an finish to the particular proceeding, but was completely ineffectual to determine the merits of the claim therein asserted." Nevertheless, if we assume, Though we do not so choose, that the case, after becoming dismissed and prior to its reinstatement, was "a suit pending," within the this means of your statute, nonetheless, beneath the conditions, defendant was not visited with statutory or constructive notice of the proceedings, because no movement to reinstate was ever filed or entered on the motion docket, and it is only if the statute During this respect is complied read more with that constructive recognize of this type of movement is frequented on the adverse celebration. So from the absence of either actual or constructive detect on the proceedings that resulted inside the rendition of judgment towards him, we predict defendant showed realistic justification for his absence; On top of that, he exhibited meritorious defenses to plaintiff's explanation for motion, and we are unsuccessful to check out how plaintiff could be materially prejudiced by granting defendant a brand new trial. ...
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