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which, in our opinion, really should be answered within the negative. Posting 2291, R. C. S. 1925, delivers that: "The clerk shall maintain a movement docket during which he shall enter each motion filed in his courtroom, the names of your parties and their attorneys, a brief statement of its nature, and the amount of the accommodate in which it is manufactured if it relates to a accommodate pending. * * * Observe of a motion inside a go well with pending is provided by filing the motion and its entry within the motion docket over the phrase. * * *" When we don't deem it needed to determine irrespective of whether, soon after dismissal and before reinstatement, the situation had the status of "a fit pending" throughout the that means on the statute, nonetheless we have been inclined towards the watch expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(2nd) 692, 694, with reference to a circumstance With this situation, in which the court said: "It [the judgment of dismissal] is precisely what it purports for being, a determination of an absence of diligence in prosecuting the go well with for which it can be stricken in the docket. It effectually place an conclusion to The actual proceeding, but was entirely ineffectual to find out the merits on the assert therein asserted." Even so, if we believe, Despite the fact that we do not so make a decision, that the case, following becoming dismissed and right before its reinstatement, was "a accommodate pending," within the meaning of your statute, however, underneath the circumstances, defendant was not visited with statutory or constructive notice on the proceedings, because no motion to reinstate was at any time submitted or entered upon the motion docket, and it is just once the statute On this respect is complied with that constructive detect of this type of movement is visited on the adverse occasion. So while in the absence of both true or constructive detect of your proceedings that resulted from the rendition of judgment towards him, we expect defendant confirmed sensible excuse for his absence; furthermore, he exhibited meritorious defenses to plaintiff's cause of action, and we fall short to determine how plaintiff may very well be materially prejudiced by granting defendant a new demo. ...
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