Butler v. Butler

This matter came for hearing on defendant’s motion to dismiss the complaint for divorce filed by plaintiff, Helen Butler, and dissolve the injunction. Oral argument was heard, both counsel being present. While not stated in the motion to dismiss, counsel in his oral argument indicated that the motion fell under Civ. R. 12(B). The defendant, Joseph Butler, indicated three grounds existed for dismissal of the complaint:

1. Failure of proper service under Civ. R. 4.2 inasmuch as the defendant was incompetent at the time of service.

2. That defendant being incompetent operates as a bar to the…