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which, in our opinion, must be answered while in the unfavorable. Short article 2291, R. C. S. 1925, delivers that: "The clerk shall hold a motion docket during which he shall enter each and every motion submitted in his court, the names from the get-togethers as well as their Lawyers, a short statement of its character, and the quantity of the fit during which it is actually designed if it pertains to a match pending. * * * Observe of the movement in a match pending is offered by filing the movement and its entry from the motion docket throughout the expression. * * *" Whilst we don't deem it vital to find out whether, after dismissal and in advance of reinstatement, the case had the status of "a match pending" throughout the indicating in the statute, nevertheless we have been inclined to your view expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2nd) 692, 694, with reference into a scenario During this ailment, wherever the court explained: "It [the judgment of dismissal] is precisely what it purports to become, a resolve of a lack of diligence in prosecuting the suit for which it really is stricken in the docket. It effectually set an stop to The actual continuing, but was fully ineffectual to ascertain the deserves of the declare therein asserted." Having said that, if we presume, Even though we don't so come to a decision, that the case, just after staying dismissed and in advance of its reinstatement, was "a go well with pending," in the that means from the statute, yet, underneath the circumstances, defendant wasn't visited with statutory or constructive detect with the proceedings, due to the fact no movement to reinstate was ever filed or entered on the movement docket, and it's only in the event the statute With this regard is complied with that constructive recognize of such a motion is frequented upon the adverse social gathering. So while in the absence of both genuine or constructive recognize from the proceedings that resulted during the rendition of judgment versus him, we expect defendant showed realistic excuse for his absence; Also, he exhibited meritorious defenses to plaintiff's cause of action, and we are unsuccessful to find out how plaintiff might be materially prejudiced by granting defendant a completely new trial. ...

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forty four Cats, an Italian animated kid's tv collection, which was influenced by a song of the same identify.

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