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which, inside our opinion, needs to be answered in the adverse. Short article 2291, R. C. S. 1925, offers that: "The clerk shall retain a movement docket where he shall enter just about every movement filed in his courtroom, the names of your events and their Lawyers, a quick assertion of its mother nature, and the amount of the accommodate through which it can be created if it pertains to a suit pending. * * * Recognize of the movement inside of a fit pending is specified by submitting the movement and its entry within the motion docket over the phrase. * * *" Whilst we do not deem it vital to find out whether, following dismissal and prior to reinstatement, the situation experienced the standing of "a match pending" within the meaning from the statute, nonetheless we have been inclined on the view expressed in Hexter v. Pratt (Tex. Com. Application.) ten S.W.(2nd) 692, 694, with reference to the case In this particular situation, wherever the court mentioned: "It [the judgment of dismissal] is just what it purports to generally be, a perseverance of a lack of diligence in prosecuting the suit for which it is actually stricken from your docket. It effectually place an conclude to the particular continuing, but was completely ineffectual to determine the deserves with the claim therein asserted." Having said that, if we suppose, Even though we do not so choose, that the situation, just after remaining dismissed and ahead of its reinstatement, was "a accommodate pending," throughout the which means on the statute, but, under the situation, defendant wasn't visited with statutory or constructive detect in the proceedings, for the reason that no movement to reinstate was ever filed or entered upon the movement docket, and it's only in the event the statute With this respect is complied with that constructive notice of this type of movement is visited on the adverse bash. So within the absence of possibly genuine or constructive detect from the proceedings that resulted from the rendition of judgment versus him, we expect defendant confirmed reasonable justification for his absence; Moreover, he exhibited meritorious defenses to plaintiff's explanation for action, and we are unsuccessful to find out how plaintiff might be materially prejudiced by granting defendant a whole new demo. ...
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