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A 44-year-old person continues to be billed with possessing prison property, concealing legal house and entering into an arrangement to accumulate criminal house.

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which, in our view, needs to be answered from the adverse. Post 2291, R. C. S. 1925, gives that: "The clerk shall maintain a motion docket where he shall enter every motion filed in his court docket, the names on the events as well as their attorneys, a brief assertion of its nature, and the quantity of the accommodate wherein it is actually produced if it relates to a suit pending. * * * Recognize of the motion inside of a accommodate pending is offered by filing the movement and its entry while in the motion docket in the expression. * * *" Though we don't deem it important to find out no matter if, following dismissal and in advance of reinstatement, the situation experienced the position of "a go well with pending" within the which means of the statute, nevertheless we are inclined to your view expressed in Hexter v. Pratt (Tex. Com. App.) 10 S.W.(second) 692, 694, with reference to a case Within this ailment, the place the courtroom reported: "It [the judgment of dismissal] is precisely what it purports for being, a determination of an absence of diligence in prosecuting the match for which it really is stricken from the docket. It effectually put an conclude to The actual continuing, but was solely ineffectual to find out the merits of the claim therein asserted." Having said that, if we think, Even though we don't so make your mind up, that the case, right after staying dismissed and right before its reinstatement, was "a match pending," inside the meaning of your statute, still, underneath the instances, defendant wasn't visited with statutory or constructive notice on the proceedings, mainly because no motion to reinstate was at any time filed or entered upon the motion docket, and it is just if the statute On this respect is complied with that constructive see of this type of movement is visited upon the adverse party. So while in the absence of possibly true or constructive recognize with the proceedings that resulted during the rendition of judgment from him, we expect defendant showed fair justification for his absence; In addition, he exhibited meritorious defenses to plaintiff's reason behind motion, and we are unsuccessful to see how plaintiff could possibly be materially prejudiced by granting defendant a brand new demo. ...

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