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which, in our impression, need to be answered from the damaging. Short article 2291, R. C. S. 1925, provides that: "The clerk shall keep a motion docket by which he shall enter each motion filed in his courtroom, the names of your get-togethers and their Lawyers, a brief statement of its nature, and the amount of the go well with during which it's made if it relates to a fit pending. * * * See of the motion inside a match pending is given by submitting the motion and its entry within the movement docket over the term. * * *" Even though we do not deem it essential to ascertain irrespective of whether, after dismissal and right before reinstatement, the situation experienced the status of "a suit pending" inside the indicating of your statute, however we've been inclined for the view expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2d) 692, 694, with reference to your scenario On this affliction, the place the court reported: "It [the judgment of dismissal] is precisely what it purports being, a dedication of a lack of diligence in prosecuting the suit for which it truly is stricken with the docket. It effectually put an end to The actual proceeding, but was fully ineffectual to ascertain the merits with the declare therein asserted." Nonetheless, if we think, While we don't so decide, that the situation, after remaining dismissed and just before its reinstatement, was "a match pending," inside the which means of the statute, yet, underneath the conditions, defendant was not frequented with statutory or constructive notice in the proceedings, due to the fact no motion to reinstate was ever submitted or entered on the motion docket, and it is just when the statute In this particular regard is complied with that constructive detect of this type of movement is visited on the adverse party. So within the absence more info of both genuine or constructive see on the proceedings that resulted while in the rendition of judgment in opposition to him, we think defendant confirmed sensible justification for his absence; Also, he exhibited meritorious defenses to plaintiff's reason behind action, and we fail to see how plaintiff may very well be materially prejudiced by granting defendant a completely new trial. ...
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No other deductions for business costs that usually are authorized is often claimed eg. depreciation, lease, administrative expenditures etcetera
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In the event the experts declare their money to get less than fifty% in their gross overall receipts and also if they exceed the the limit of gross receipt, then they can not opt for presumptive taxation.
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