Kiebler v. Kiebler

This is a motion by plaintiff under rule 109 of the Rules of Civil Practice to dismiss the counterclaim of the defendant upon the ground that it is not one which may be properly interposed in the action. The plaintiff’s cause of action seeks a judgment of this court declaring that the plaintiff is divorced from the defendant herein; that a judgment of divorce which he obtained on the ground of desertion in the State of New Jersey against the present defendant, based on service by publication, be declared to be a valid decree and that the parties herein are, therefore, not husband and wife;…