Larsen v. Larsen

Dissenting Opinion by

Mr. Justice Bell:

The Superior Court reversed the lower Court and granted a divorce to Dr. Larsen, the plaintiff, on the ground of desertion. The majority opinion, which affirms the Superior Court, is based upon two fundamental fallacies — (a) there is only one question involved in this case, and (b) the refusal of a divorce on one ground is never a bar to a divorce on another ground.

Facts

The parties were married in January, 1947,'"' it being the first marriage for Dr. Larsen and the second marriage for Mrs. Larsen, a widow. Two children were born to Mrs. Larsen as a…