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Composed down price of property may be computed as if depreciation is and it has always been claimed over the belongings
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which, within our opinion, should be answered inside the detrimental. Write-up 2291, R. C. S. 1925, gives that: "The clerk shall retain a movement docket by which he shall enter each individual movement filed in his courtroom, the names in the events and their attorneys, a short statement of its nature, and the quantity of the go well with where it can be manufactured if it relates to a accommodate pending. * * * Notice of the motion in a very suit pending is given by filing the motion and its entry while in the motion docket in the course of the time period. * * *" While we do not deem it necessary to determine whether, right after dismissal and just before reinstatement, the situation had the standing of "a suit pending" within the which means of your statute, nonetheless we are inclined into the look at expressed in Hexter v. Pratt (Tex. Com. Application.) 10 S.W.(2d) 692, 694, with reference into a case In this particular affliction, where the court docket explained: "It [the judgment of dismissal] is exactly what it purports to generally be, a determination of an absence of diligence in prosecuting the go well with for which it's stricken in the docket. It effectually place an end to the particular proceeding, but was solely ineffectual to determine the deserves of the claim therein asserted." On the other hand, if we presume, although we don't so come to a decision, that the situation, following remaining dismissed and before its reinstatement, was "a match pending," throughout the meaning in the statute, nonetheless, beneath the conditions, defendant wasn't visited with statutory or constructive observe with the proceedings, due to the fact no motion to reinstate was at any time submitted or entered on the movement docket, and it's only once the statute With this regard is complied with that constructive notice of such a motion is frequented on the adverse celebration. So in the absence of either actual or constructive observe from the proceedings that resulted while in the rendition of judgment in opposition to him, we expect defendant showed reasonable justification for his absence; Also, he exhibited meritorious defenses to plaintiff's reason behind action, and we are unsuccessful to see how plaintiff could be materially prejudiced by granting defendant a whole new demo. ...
In case of Area 44AE, if taxpayer is actually a partnership business, wage and curiosity compensated to partners is permitted as deduction from prescribed money above