Jerome Hardwood Lumber Co. v. Jackson-Vreeland Land Corp.

The conclusion of the majority seems to he based entirely on the- separation of the two issues on a motion to vacate a judgment or decree. In the opinion it is said (erroneously,- I think) that, under-the express terms of the statute, the court “does not come to the issue as to whether or not there is a valid defense until it has first determined whether or not there are any grounds to vacate the judgment.” This statement is, I think, in the face of the language of the statute itself, which provides that “a judgment shall not be vacated on motion or complaint until it is adjudged that there…