Nicholas v. Nicholas

Raymond, Judge:

In this civil action pending in the Circuit Court of Logan County, West Virginia, the plaintiff, Marlene Nicholas, seeks a divorce from the defendant, Nicholas K. Nicholas, on the grounds of desertion and cruel and inhuman treatment. The defendant, appearing specially, filed a motion in writing, on August 1, 1964, to dismiss the action on the ground that the circuit court was without jurisdiction to entertain or hear such action. The motion was made pursuant to Rule 12 (b) of the West Virginia Rules of Civil Procedure. That rule provides, in part, that the defenses of lack of…