44 cash for Dummies
44 cash for Dummies
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which, in our opinion, ought to be answered within the damaging. Report 2291, R. C. S. 1925, presents that: "The clerk shall preserve a motion docket through which he shall enter each and every movement filed in his court docket, the names of your events as well as their attorneys, a brief assertion of its character, and the quantity of the fit by which it is actually manufactured if it pertains to a go well with pending. * * * Observe of the motion in the accommodate pending is specified by filing the motion and its entry during the movement docket throughout the phrase. * * *" Though we do not deem it needed to find out whether or not, just after dismissal and prior to reinstatement, the case experienced the standing of "a match pending" inside the this means of the statute, but we have been inclined towards the watch expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(second) 692, 694, with reference to a situation During this situation, where the court docket claimed: "It [the judgment of dismissal] is precisely what it purports being, a determination of an absence of diligence in prosecuting the match for which it's stricken with the docket. It effectually place an stop to The actual proceeding, but was entirely ineffectual to ascertain the deserves from the claim therein asserted." Nonetheless, if we assume, Whilst we don't so determine, that the situation, just after becoming dismissed and prior to its reinstatement, was "a fit pending," inside the meaning on the statute, still, underneath the instances, defendant was not visited with statutory or constructive observe of your proceedings, mainly because no motion to reinstate was at any time submitted or entered on the movement docket, and it is just once the statute With this respect is complied with that constructive discover of such a movement is visited on the adverse bash. So from the absence of either actual or constructive recognize of the proceedings that resulted while in the rendition of judgment against him, we think defendant showed fair justification for his absence; On top of that, he exhibited meritorious defenses to plaintiff's cause of motion, and we fall short to determine how plaintiff can be materially prejudiced by granting defendant a different trial. ...
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Police mentioned the motive force of a black Audi failed to stop on ask for and ongoing at velocity by weighty targeted visitors onto the A1 from the Dublin Highway close to Cloghoge.
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