Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1872-04-02
The Law Of Marriage engagements.

From the New York SUM-
II is commonly said that the intelli-
gent public regard the action for breach
Of promise to marry with more disfavor
than any other legal proceeding The
number Of such suits before American
and English courts, however, shows no
signs of decrease. Though seldom either
edifying or moral in their influence,
these cases are instructive; and one
which is especially worthy of note has
just been decided on appeal by the
Court of Exchequer Chamber in Eng,
land.
The plaintiff was a domestic servant
in the employ Of the defendants father.
The defendant promised to marry her
upon his fathers death. This sad event,
however, did not occur before the tickle
youth changed his mind, and announced
to his betrothed that under no circum-
stances would he fulfill his promise; in
deed, the old gentleman is still alive.
Upon this decided refusal the discarded
maiden brought suit, and the Judge be-
fore whom the trial took place ruled that
the action could not be maintained until
the time for the performance of the
agreement had arrived, which would not
be until the father of the defendant was
dead. From this decision the plaintiff
appealed to the court above, where the
questions at issue were argued before
the Lord Chief Justice of England-Sir
Alexander Cockburn, who is now so
prominent in the controversy concern
ing the Treaty of Washington-and a
full bench. The result was disappro-
val of the decision appealed from, and
unanimous judgment for the plaintiff
The law affecting marriage engage
ments is concisely stated by Mr.. Justice
Byles in the opinion which he delivered
on this occasion. " An express precon-
tract of marriage" he says, places the
man or woman in the condition or status
of betrothment In this state there are
certain mutual duties. The woman, for
instance, may not, without breach,
marry another man, although it is pos
sible he may die before the future day
appointed for the marriage, whether
already fixed, or contingent on future
event So the man cannot during the
stipulated period of betrothment, with
out breach of contract, marry another
woman, though she may die in the mean
timei so for one of the parties to break
off the mutual engagement by an express
refusal to perform it--though before the
day-seems to be equally breach of
the contract, for it puts an end to the
condition of betrothment, which, accord
ing to the contract, was to continue"
This decision is an emphatic recogni-
ton of betrothment as legal status, in
ferior to that of marriage, it is true, but
nevertheless of great Importance, con-
ferring certain well defined rights and
imposing certain well defined duties.
Among these is the right of each of the
parties to insist upon marriage at the
time agreed upon between them, and the
duty of each not to break the existing
engagement or make like engagement
with another during the continuance of
the status. These legal consequences
of mutual agreement to marry accord
so closely with the plainest ethical re-
quirements that they at once commend
themselves to approval, in spite Of the
peculiar class of cases which give rise to
their enunciation by the courts.