167 Pa. Super. 428 | Pa. Super. Ct. | 1950
This is an appeal by plaintiff from the action of the court below in sustaining preliminary objections to her complaint in divorce.
The complaint in paragraph 2 contained the following averment: “The residence of the plaintiff is No. 101 S. Rhode Island Avenue Apartment 2, in the County of Atlantic, State of New Jersey.”
It was also averred therein that defendant was a citizen of the City of Philadelphia, Pennsylvania, and resided at 7643 Over brook Avenue, Philadelphia.
Defendant, under Pa. R. C. P. No. 1125 (b), 12 PS Appendix, raised the question of. jurisdiction by preliminary objections. Defendant’s preliminary objections were sustained, and the complaint in divorce was dismissed without prejudice to the right of plaintiff to file a new complaint in divorce. Plaintiff has appealed to this Court.
The order' of the court below dismissing the complaint in divorce without prejudice is affirmed.