Benson v. Benson

Bruñe, C. J.,

delivered the following dissenting opinion, in which Collins, J., concurred.

*608Our difference with the majority opinion is based upon the construction heretofore placed by this Court on the statute authorizing divorces on the ground of voluntary separation and the application of that construction to the evidence in this case, as we see it.

Voluntary separation was first made a ground of divorce in 1937, and the first case to come before this. Court dealing with it was Campbell v. Campbell, 174 Md. 229, 198 A. 414, decided in 1938. That case involved a separation which had originally…