Phillips v. Phillips

Brune, C. J.,

filed the following concurring opinion.

I concur in the result in this case, but disagree with the view of the majority as to the effect which should be given to a motion to dismiss (or the equivalent of such a motion)' submitted at the conclusion of the plaintiff’s case. The opinion of the Court states that no Maryland case has been found which expressly passed upon the point, and I agree. However, motions similar to that in the instant case have been involved in two recent decisions of this Court, Tribull v. Tribull, 208 Md. 490, 119 A. 2d 399; and Wardrop v. Wardrop, 211 Md.…