Punzi v. Punzi

In this action, the plaintiff husband seeks a divorce from the defendant wife; the legitimacy of one of four children to which she gave birth during their marriage is one of the issues of the action incidental to the main determination.

The testimony of the plaintiff husband as to nonaccess to the defendant wife during the period of gestation of the child to the extent that it tended to show adultery by excluding him from paternity of the child and to the extent that it bore on the legitimacy of the child, “ one of the issues in the action ”, the action for divorce between husband and wife,…