which, within our opinion, ought to be answered from the detrimental. Report 2291, R. C. S. 1925, delivers that: "The clerk shall hold a movement docket by which he shall enter every motion filed in his court, the names with the parties and their Lawyers, a quick assertion of its nature, and the volume of the go well with wherein it is produced if it pertains to a match pending. * * * Recognize of a movement inside a fit pending is given by submitting the movement and its entry while in the movement docket throughout the expression. * * *" When we don't deem it required to find out regardless of whether, soon after dismissal and just before reinstatement, the situation had the status of "a go well with pending" in the this means of the statute, but we're inclined to your watch expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(second) 692, 694, with reference to the situation On this issue, in which the court mentioned: "It [the judgment of dismissal] is precisely what it purports for being, a dedication of an absence of diligence in prosecuting the accommodate for which it's stricken with the docket. It effectually put an finish to The actual proceeding, but was fully ineffectual to ascertain the merits in the declare therein asserted." Even so, if we presume, Whilst we do not so decide, that the case, just after currently being dismissed and before its reinstatement, was "a accommodate pending," inside the which means of the statute, still, under the instances, defendant wasn't visited with statutory or constructive detect of your proceedings, due to the fact no movement to reinstate was at any time filed or entered on the movement docket, and it is only once the statute In this particular regard is complied with that constructive discover of such a movement is frequented upon the adverse social gathering. So within the absence of possibly actual or constructive detect from the proceedings that resulted during the rendition of judgment in opposition to him, we predict defendant showed realistic excuse for his absence; furthermore, he exhibited meritorious defenses to plaintiff's reason behind motion, and we fall short to see how plaintiff could be materially prejudiced by granting defendant a brand new trial. ...
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