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which, in our impression, must be answered inside the destructive. Write-up 2291, R. C. S. 1925, presents that: "The clerk shall retain a motion docket in which he shall enter every single movement filed in his court docket, the names in the functions as well as their attorneys, a short statement of its mother nature, and the number of the go well with through which it truly is created if it pertains to a accommodate pending. * * * Detect of a motion inside a fit pending is supplied by submitting the movement and its entry within the motion docket in the course of the time period. * * *" Whilst we don't deem it essential to ascertain irrespective of whether, after dismissal and right before reinstatement, the case had the position of "a suit pending" in the this means with the statute, but we've been inclined towards the view expressed in Hexter v. Pratt (Tex. Com. App.) ten S.W.(2nd) 692, 694, with reference to the case During this ailment, in which the court said: "It [the judgment of dismissal] is exactly what it purports to get, a determination of a lack of diligence in prosecuting the accommodate for which it is actually stricken through the docket. It effectually set an conclusion to The actual continuing, but was completely ineffectual to ascertain the merits of the claim therein asserted." However, if we suppose, Whilst we don't so make a decision, that the situation, right after becoming dismissed and just before its reinstatement, was "a fit pending," within the this means with the statute, but, beneath the conditions, defendant wasn't visited with statutory or constructive detect of the proceedings, since no motion to reinstate was at any time filed or entered upon the movement docket, and it is only if the statute With this respect is complied with that constructive detect of this kind of motion is visited on the adverse get together. So during the absence of both precise or constructive notice in the proceedings that resulted while in the rendition of judgment in opposition to him, we expect defendant showed sensible justification for his absence; Additionally, he exhibited meritorious defenses to plaintiff's cause of motion, and we fail to determine how plaintiff can be read more materially prejudiced by granting defendant a fresh demo. ...
The total quantity of candles lit to the menorah through the Jewish holiday break of Chanukah, which starts over the 25th day on the Hebrew thirty day period of Kislev and finishes around the 2nd or the third day of Tevet.
Hence the taxpayer can opt with the presumptive taxation scheme underneath area 44ADA and also the taxable income chargeable is fifty% of the full receipts.
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