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which, in our belief, really should be answered within the adverse. Write-up 2291, R. C. S. 1925, presents that: "The clerk shall continue to keep a motion docket in which he shall enter every movement filed in his court docket, the names of the events and their attorneys, a short statement of its nature, and the amount of the suit where it's built if it relates to a suit pending. * * * Observe of a movement inside a accommodate pending is specified by submitting the movement and its entry inside the movement docket over the expression. * * *" When we do not deem it vital to ascertain whether, following dismissal and before reinstatement, the situation had the status of "a suit pending" inside the that means in the statute, but we've been inclined towards the look at expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(second) 692, 694, with reference to your case With this problem, wherever the courtroom claimed: "It [the judgment of dismissal] is exactly what it purports to become, a resolve of a lack of diligence in prosecuting the accommodate for which it truly is stricken with the docket. It effectually set an finish to the particular continuing, but was completely ineffectual to determine the merits of your declare therein asserted." However, if we think, While we do not so make a decision, that the situation, right after remaining dismissed and in advance of its reinstatement, was "a fit pending," in the indicating with the statute, but, underneath the circumstances, defendant was not visited with statutory or constructive observe in the proceedings, because no motion to reinstate was ever filed or entered on the movement docket, and it's only in the event the statute In this particular regard is complied with that constructive detect of such a movement is visited on the adverse get together. So from the absence of either genuine or constructive recognize on the proceedings that resulted inside the rendition of judgment versus him, we predict defendant confirmed fair justification for his absence; In addition, he exhibited meritorious defenses to plaintiff's reason behind action, and we are unsuccessful to find out how plaintiff might be materially prejudiced by granting defendant a fresh trial. ...
To add up the total quantity of cash and coins you've, to start with form Each individual Observe and coin according to value. Create a separate pile for every denomination and afterwards count the number of of each and every bill or coin price you've.
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