Labella v. Labella

The defendant was awarded a decree of divorce on a cross-complaint alleging adultery. She has appealed from the judgment on the principal grounds that the court erred in refusing to take jurisdiction over the custody of a child and in its award of alimony.

The plaintiff is a successful surgeon in Middletown and at the time of trial was forty-nine years of age. The defendant was forty-three. They married in 1928 and lived together in apparent harmony until March, 1943. There are no children of the marriage and they had discussed the desirability of adopting a child. In August, 1942, the…