§ FORM 19. Motion to Dismiss, Presenting Defenses of Failure to State a Claim, of Lack of Service of Process, and of Improper Venue Under Rule 12(b)

FORM 19. Motion to Dismiss, Presenting Defenses of Failure to State a Claim, of Lack of Service of Process, and of Improper Venue Under Rule 12(b)

The defendant moves the court as follows:

1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted for the following reasons: [FN*]

2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the State of West Virginia, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B respectively.

Signed: ________________________________________________________________________________
Attorney for Defendant
Address: ________________________________________________________________________________

Notice of Motion

To:
_________________________

Attorney for Plaintiff

____________________________

Please take notice, that the undersigned will bring the above motion on for hearing before this Court on the ___ day of _______, 19__, at 10 o'clock in the forenoon of that day or as soon thereafter as counsel can be heard.

[FN*] Here list reasons as under present practice upon a demurrer.