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The pursuit ongoing alongside the twin carriageway until finally the car was inevitably brought to your managed halt by officers.
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which, inside our feeling, needs to be answered from the negative. Report 2291, R. C. S. 1925, delivers that: "The clerk shall continue to keep a motion docket wherein he shall enter just about every motion submitted in his courtroom, the names on the functions and their Lawyers, a brief assertion of its mother nature, and the amount of the match during which it really is produced if it pertains to a go well with pending. * * * Observe of a movement in a very go well with pending is supplied by submitting the movement and its entry while in the motion docket during the term. * * *" Although we do not deem it needed to ascertain regardless of whether, just after dismissal and just before reinstatement, the situation had the standing of "a suit pending" within the that means with the statute, yet we're inclined for the perspective expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(second) 692, 694, with reference to your situation Within this ailment, wherever the courtroom said: "It [the judgment of dismissal] is precisely what it purports for being, a determination of a lack of diligence in prosecuting the accommodate for which it's stricken from the docket. It effectually set an conclusion to The actual proceeding, but was solely ineffectual to find out the deserves in the assert therein asserted." Nonetheless, if we suppose, Whilst we do not so determine, that the situation, immediately after currently being dismissed and in advance of its reinstatement, was "a accommodate pending," within the meaning in the statute, nevertheless, underneath the circumstances, defendant was not frequented click here with statutory or constructive see from the proceedings, mainly because no movement to reinstate was at any time filed or entered upon the movement docket, and it is only when the statute With this respect is complied with that constructive see of this type of motion is frequented upon the adverse celebration. So in the absence of possibly true or constructive recognize on the proceedings that resulted during the rendition of judgment towards him, we expect defendant showed affordable excuse for his absence; furthermore, he exhibited meritorious defenses to plaintiff's reason behind action, and we fall short to find out how plaintiff could be materially prejudiced by granting defendant a different trial. ...
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