WHAT DOES 44 CASH MEAN?

What Does 44 cash Mean?

What Does 44 cash Mean?

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which, within our impression, really should be answered from the unfavorable. Posting 2291, R. C. S. 1925, provides that: "The clerk shall hold a motion docket through which he shall enter each individual motion filed in his courtroom, the names from the get-togethers as well as their attorneys, a brief assertion of its mother nature, and the amount of the fit during which it really is designed if it pertains to a fit pending. * * * Detect of a movement inside a accommodate pending is presented by filing the movement and its entry within the motion docket in the course of the time period. * * *" Whilst we don't deem it essential to find out whether, following dismissal and in advance of reinstatement, the case experienced the status of "a match pending" throughout the indicating on the statute, nevertheless we are inclined on the see expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(2nd) 692, 694, with reference to your situation During this condition, the place the court docket claimed: "It [the judgment of dismissal] is precisely what it purports to be, a perseverance of a lack of diligence in prosecuting the go well with for which it is stricken within the docket. It effectually set an conclusion to The actual proceeding, but was entirely ineffectual to ascertain the merits from the assert therein asserted." Nonetheless, if we assume, Whilst we do not so determine, that the situation, right after becoming dismissed and right before its reinstatement, was "a match pending," within the meaning on the statute, still, under the instances, defendant was not frequented with statutory or constructive see in the proceedings, mainly because no movement to reinstate was at any time filed or entered on the motion docket, and it is just in the event the statute Within this respect is complied with that constructive see of such a motion is visited on the adverse celebration. So from the absence of possibly actual or constructive detect in the proceedings that resulted in the rendition of judgment against him, we think defendant confirmed acceptable justification for his absence; Also, he exhibited meritorious defenses to plaintiff's reason for action, and we fail to view how plaintiff may be materially prejudiced by granting defendant a different demo. ...

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