La Vin v. La Vin

The defendants move (1) to dismiss the first six causes of action contained in the amended complaint on the ground that the court has no jurisdiction of the subject matter of the said causes of action (Rules Civ. Prac. rule 106, subd. 2) and (2) to dismiss the amended complaint for legal insufficiency (Rules Civ. Prac. rule 106, subd. 5). It is contended by the defendants that all of the thirteen causes of action contained in the amended complaint assume the validity of the first and that if this cause of action falls the remaining twelve must necessarily fall.

*1002It is alleged in the first cause…