Equally the calculation to become built for that period in the course of which the goods carriage is owned with the taxpayer
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which, in our view, needs to be answered within the negative. Report 2291, R. C. S. 1925, offers that: "The clerk shall hold a motion docket where he shall enter each and every movement filed in his courtroom, the names of your parties as well as their attorneys, a short statement of its character, and the quantity of the go well with during which it is built if it pertains to a suit pending. * * * Discover of the motion inside a suit pending is offered by filing the motion and its entry inside the movement docket over the phrase. * * *" Although we don't deem it essential to find out whether or not, immediately after dismissal and ahead of reinstatement, the situation experienced the position of "a accommodate pending" throughout the this means of the statute, nonetheless we have been inclined on the check out expressed in Hexter v. Pratt (Tex. Com. App.) 10 S.W.(second) 692, 694, with reference to a case In this particular condition, exactly where the court reported: "It [the judgment of dismissal] is precisely what it purports to become, a willpower of an absence of diligence in prosecuting the accommodate for which it is stricken from your docket. It effectually place an conclude to The actual continuing, but was fully ineffectual to find out the deserves on the declare therein asserted." Having said that, if we think, Even though we don't so make a decision, that the situation, just after being dismissed and before its reinstatement, was "a suit pending," within the this means with the statute, still, beneath the situations, defendant was not frequented with statutory or constructive detect on the proceedings, due to the fact no motion to reinstate was at any time submitted or entered on the motion docket, and it is just if the statute In this particular respect is complied with that constructive notice of this kind of motion is frequented upon the adverse social gathering. So during the absence of either precise or constructive notice from the proceedings that resulted while in the rendition of judgment from him, we predict defendant confirmed acceptable justification for his absence; Also, he exhibited meritorious defenses to plaintiff's explanation for motion, and we are unsuccessful to check out how plaintiff could be materially prejudiced by granting defendant a new trial. ...
(“Owns” also contains goods carriage taken on employ or installment exactly where the quantity payable remains owing)