Certainly, but only where by incentives are an integral A part of the program mission and A part of the accredited system budget.
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which, in our feeling, ought to be answered inside the damaging. Article 2291, R. C. S. 1925, offers that: "The clerk shall retain a movement docket where he shall enter just about every movement filed in his court docket, the names in the get-togethers and their Lawyers, a short assertion of its mother nature, and the quantity of the accommodate where it is actually designed if it pertains to a fit pending. * * * Notice of a motion in a very go well with pending is specified by submitting the motion and its entry during the motion docket throughout the phrase. * * *" When we do not deem it needed to determine irrespective of whether, immediately after dismissal and prior to reinstatement, the case experienced the position of "a accommodate pending" within the which means in the statute, however we've been inclined into the view expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2nd) 692, 694, with reference to a circumstance During this affliction, wherever the court explained: "It [the judgment of dismissal] is exactly what it purports for being, a dedication of an absence of diligence in prosecuting the accommodate for which it truly is stricken from your docket. It effectually place an close to The actual continuing, but was solely ineffectual to ascertain the merits with the claim therein asserted." Nonetheless, if we think, although we don't so make a decision, that the situation, soon after remaining dismissed read more and prior to its reinstatement, was "a suit pending," in the this means with the statute, but, under the conditions, defendant was not frequented with statutory or constructive notice with the proceedings, due to the fact no motion to reinstate was ever submitted or entered on the motion docket, and it's only when the statute With this respect is complied with that constructive recognize of such a motion is visited on the adverse occasion. So during the absence of both true or constructive detect from the proceedings that resulted within the rendition of judgment towards him, we predict defendant confirmed reasonable excuse for his absence; Moreover, he exhibited meritorious defenses to plaintiff's reason for motion, and we fail to find out how plaintiff may very well be materially prejudiced by granting defendant a fresh demo. ...
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