Wood v. Wood

DuckETT, J.,

specially assigned, filed the following dissenting opinion.

I regret that I cannot agree completely with the opinion written by Chief Judge Bruñe in this unusual divorce case.

It seems clear from the testimony that the original desertion by the wife on January 15, 1959 was voluntary and deliberate on her part. However, I conclude from the testimony that the eighteen months’ separation period was interrupted when the wife returned on September 8 or approximately eight months after the original separation.

In the first place, it must be recognized that the wife had the absolute right…