Ucci v. Ucci

Plaintiff appeals from a judgment dismissing her action for divorce on the ground of adultery. The complaint, which was filed after September 15, 1948, charged that the defendant committed acts of adultery with the alleged corespondent on August 27, 1948, and August 30, 1948. The defendant and the alleged corespondent entered denials.

At the trial on May 2, 1949, the attorney for defendant moved for a judgment of dismissal at the close of the plaintiff's case. The Judge reserved decision on this motion and directed defendant's counsel to proceed with his case. The defendant took the stand and…