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which, in our belief, ought to be answered from the destructive. Post 2291, R. C. S. 1925, gives that: "The clerk shall hold a movement docket where he shall enter each and every motion submitted in his court docket, the names of your events and their Lawyers, a brief statement of its nature, and the number of the suit during which it's made if it pertains to a fit pending. * * * Notice of a motion in a match pending is offered by submitting the movement and its entry from the motion docket during the phrase. * * *" Whilst we don't deem it necessary to determine whether or not, just after dismissal and just before reinstatement, the case had the standing of "a accommodate pending" within the meaning with the statute, however we have been inclined on the watch expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(second) 692, 694, with reference to some circumstance Within this situation, wherever the court reported: "It [the judgment of dismissal] is just what it purports to get, a willpower of a lack of diligence in prosecuting the fit for which it's stricken from your docket. It effectually set an conclude to The actual proceeding, but was fully ineffectual to find out the merits of your declare therein asserted." Nonetheless, if we think, Though we do not so decide, that the case, immediately after being dismissed and right before its reinstatement, was "a go well with pending," throughout the this means from the statute, however, beneath the situation, defendant wasn't frequented with statutory or constructive observe in the proceedings, mainly because no motion to reinstate was at any time submitted or entered upon the motion docket, and it is just once the statute During this regard is complied with that constructive discover of this kind of motion is frequented upon the adverse bash. So while in the absence of both precise or constructive observe of the proceedings that resulted while in the rendition of judgment from him, we predict defendant confirmed affordable excuse for his absence; In addition, he exhibited meritorious defenses to plaintiff's reason behind action, and we are unsuccessful to discover how plaintiff could be materially prejudiced by granting defendant a completely new trial. ...

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