Mack v. Hines

This is a motion to vacate and set aside a judgment of dismissal of plaintiff’s complaint at Trial Term and restore the action for trial upon the merits, upon the ground that the statute depriving this court of jurisdiction to try and determine the issues raised by the complaint and invoked and acted upon in such dismissal, has been declared unconstitutional, null and void by a court of last resort, to wit, the Supreme Court of the United States. The motion is made before the same justice who presided at the trial, after the time to appeal from the judgment has expired.

Plaintiff being…