which, inside our impression, needs to be answered inside the adverse. Posting 2291, R. C. S. 1925, supplies that: "The clerk shall continue to keep a movement docket by which he shall enter each motion submitted in his courtroom, the names in the functions as well as their attorneys, a brief statement of its mother nature, and the amount of the suit in which it can be created if it pertains to a go well with pending. * * * See of the motion in the accommodate pending is offered by filing the movement and its entry in the motion docket in the course of the expression. * * *" While we don't deem it necessary to determine no matter whether, soon after dismissal and prior to reinstatement, the case had the standing of "a suit pending" within the indicating of the statute, yet we are inclined for the watch expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(second) 692, 694, with reference to the circumstance Within this issue, where by the court stated: "It [the judgment of dismissal] is exactly what it purports to be, a dedication of a lack of diligence in prosecuting the fit for which it really is stricken from your docket. It effectually set an end to The actual proceeding, but was totally ineffectual to find out the merits with the assert therein asserted." Nonetheless, if we presume, Though we do not so come to a decision, that the situation, following staying dismissed and right before its reinstatement, was "a fit pending," inside the that means with the statute, nonetheless, underneath the circumstances, defendant wasn't visited with statutory or constructive detect in the proceedings, because no movement to reinstate was at any time submitted or entered on the movement docket, and it's only when the statute With this respect is complied with that constructive detect of this type of movement is frequented upon the adverse party. So from the absence of either real or constructive see in the proceedings that resulted in the rendition of judgment from him, we think defendant confirmed sensible justification for his absence; Additionally, he exhibited meritorious defenses to plaintiff's reason behind action, and we fail to see how plaintiff could be materially prejudiced by granting defendant a different demo. ...
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