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which, in our opinion, need to be answered inside the unfavorable. Report 2291, R. C. S. 1925, provides that: "The clerk shall continue to keep a motion docket in which he shall enter each and every motion filed in his court docket, the names of your events as well as their Lawyers, a brief assertion of its character, and the amount of the accommodate in which it truly is manufactured if it relates to a match pending. * * * Recognize of a movement in a accommodate pending is specified by submitting the movement and its entry while in the motion docket over the term. * * *" Whilst we don't deem it necessary to ascertain regardless of whether, following dismissal and prior to reinstatement, the situation had the standing of "a fit pending" within the this means with the statute, but we are inclined to the view expressed in Hexter v. Pratt (Tex. Com. App.) 10 S.W.(2d) 692, 694, with reference to the circumstance On this ailment, exactly where the court docket stated: "It [the judgment of dismissal] is precisely what it purports to be, a determination of an absence of diligence in prosecuting the suit for which it really is stricken with the docket. It effectually place an conclusion to The actual continuing, but was completely ineffectual to ascertain the deserves from the claim therein asserted." On the other hand, if we presume, Whilst we don't so make a decision, that the case, soon after remaining dismissed and right before its reinstatement, was "a accommodate pending," in the that means on the statute, but, beneath the circumstances, defendant was not visited with statutory or constructive notice with the proceedings, since no motion to reinstate was ever filed or entered upon the movement docket, and it is only once the statute On this respect is complied with that constructive see of this kind of movement is visited upon the adverse get together. So from the absence of both precise or constructive see in the proceedings that resulted while in the rendition of judgment from him, we predict defendant showed reasonable justification for his absence; In addition, he exhibited meritorious defenses to plaintiff's cause of motion, and we fail to discover how plaintiff could be materially prejudiced by granting defendant a completely new trial. ...
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No other deductions for company costs that tend to be allowed can be claimed eg. depreciation, hire, administrative expenses and so on
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