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which, in our impression, needs to be answered inside the unfavorable. Article 2291, R. C. S. 1925, delivers that: "The clerk shall preserve a motion docket in which he shall enter each individual movement submitted in his court, the names in the get-togethers as well as their Lawyers, a short assertion of its nature, and the amount of the suit through which it is actually manufactured if it relates to a fit pending. * * * Observe of the motion in a very go well with pending is presented by filing the movement and its entry while in the motion docket in the phrase. * * *" Whilst we do not deem it important to determine no matter whether, immediately after dismissal and right before reinstatement, the situation had the standing of "a suit pending" throughout the indicating in the statute, but we're inclined on the see expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(2d) 692, 694, with reference to some scenario in this issue, the place the court stated: "It [the judgment of dismissal] is just what it purports for being, a resolve of an absence of diligence in prosecuting the go well with for which it can be stricken from your docket. It effectually set an stop to The actual proceeding, but was completely ineffectual to determine the deserves of the declare therein asserted." Even so, if we think, Whilst we don't so decide, that the case, after being dismissed and before its reinstatement, was "a accommodate pending," inside the which means of your statute, nevertheless, under the instances, defendant wasn't visited with statutory or constructive observe in the proceedings, simply because no movement to reinstate was at any time submitted or entered upon the movement docket, and it's only if the statute On this regard is complied with that constructive notice of this kind of movement is frequented on the adverse occasion. So while in the absence of both actual or constructive recognize of your proceedings that resulted within the rendition of judgment in opposition to him, we expect defendant confirmed acceptable justification for his absence; Also, he exhibited meritorious defenses to plaintiff's explanation for motion, and we fall short to see how plaintiff may very well be materially prejudiced by granting defendant a different demo. ...
Overall progress tax is often paid out by past installment of progress tax i.e., fifteen March of the yr, in case of failure to take action, curiosity is leviable @ 1% on shortfall According to Area 234C
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