which, within our view, ought to be answered while in the detrimental. Posting 2291, R. C. S. 1925, presents that: "The clerk shall keep a movement docket through which he shall enter every movement submitted in his courtroom, the names with the events and their Lawyers, a short statement of its mother nature, and the amount of the suit in which it truly is built if it pertains to a match pending. * * * Notice of a motion inside of a fit pending is given by filing the motion and its entry within the motion docket during the term. * * *" Whilst we do not deem it important to find out no matter if, soon after dismissal and right before reinstatement, the case experienced the standing of "a go well with pending" throughout the meaning from the statute, nonetheless we are inclined for the look at expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(2d) 692, 694, with reference into a scenario On this issue, wherever the court mentioned: "It [the judgment of dismissal] is precisely what it purports being, a resolve of a lack of diligence in prosecuting the accommodate for which it can be stricken with the docket. It effectually place an finish to The actual proceeding, but was entirely ineffectual to ascertain the merits with the assert therein asserted." Having said that, if we presume, While we don't so come to a decision, that the situation, soon after becoming dismissed and right before its reinstatement, was "a suit pending," throughout the indicating of the statute, nevertheless, beneath the situation, defendant wasn't visited with statutory or constructive detect from the proceedings, because no motion to reinstate was at any time submitted or entered upon the movement docket, and it is just in the event the statute Within this regard is complied with that constructive notice of this kind of movement is frequented on the adverse get together. So inside the absence of both actual or constructive notice with the proceedings that resulted inside the rendition of judgment from him, we predict defendant confirmed realistic justification for his absence; Additionally, he exhibited meritorious defenses to plaintiff's reason behind motion, and we are unsuccessful to determine how plaintiff could possibly be materially prejudiced by granting defendant a fresh trial. ...
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