Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1888-12-08
LEGAL coURTSHIP DEFINED.


The case of the widow liibbard
n Pittsbnrg sueing the millionaire
Fry for heavy damages for breach Of
promise to marry, has created wide
spread interest in the newspapers.
She failed to get any damages, be-
;auseit appeared SO plainly that dam
ages she was seeking and not mar
rage. Judge Wlckham defined the
legal question OF conrtship and pro-
posal, and it will do the young and
the old seeking married bliss no
harm to read the legal aspect of their
rights.
g contract may be defined as
an agreement founded upon Is suf.
ficient consideration to do or not to
do particular thing. 1t is manifest
that a contract of marriage requires
the assent of the two parties inter
ested therein. COurtship alone, how
ever long continued, while usually
strong evidence on the part OF the
man, does not constitute it. 1t may,
perhaps, be deemed the main duty
for one who courts a woman, and
thus keeps other suitors at a dis
lance, to propose matrimOny but if
he fails to do so. he thus avoids en-
tering into any contract, aud how
ever much her expectations and
hopes may be aroused and disap-
pointed, he subjects himself to no
legal liability. In other words, the
law reaches those who promise and
fail to wed, and not those who WOO
and fail to propose. Nor, indeed,
will the communicated intention
to marry, although accompanied by
acts aud words evincing the deepest
affection, bind either party.
MAN WAYS OF POPP1NGs
"On the other hand, it is not nee
essary that any set phrase or phrases
be employed in a marriage proposal.
There are many ways, each and all
comprehensive and binding enough
in which man may clearly convey
to the woman he processes to love
the important fact that be wants her
as his wife. If he fully and clearly
indicate this intention to her 10 any
language, and she gives him as
clearly to understand that she accepts
his offer, the contract of marriage,
if no legal impeachment exist, is com.
plete.
GAS to her acceptance or assent,
it may be manifested in various
ways. The monosyllable yes or
even less in the way of spoken Ian.
guage, is ofttimes quite enough. We
cannot forget that broken sentences,
answering looks and responsive en-
braces have held an important place
in loves vocabulary since the world
began. Every art, trade and mys-
terry, even the simple and easy one
which nature teaches US, seems to
have terms particularly it's own.
There are no forms found in our law
books for lovers proposals and ac-
ceptances, nor are any needed. The
parties are always able to reach an
understanding in their own way.
Whether they use few or many
words, if they come to that. under.
standing it is sufficient. The old,
old story, which is still forever new,
may be told in many ways, but the
understanding to which | refer must
be a mutual agreement to marry,
not merely to love, in order that
either shall be bound.
GAS to the consideration on which
a contract of marriage must be
founded, the mutual promises OF the
parties snffice. While these prom.
Uses must be reciprocal, they need
not be made at the same time.
"Let US now look briefly at the
time within which a contract of this
kind should be performed. Ii the
parties themselves fix a day, of
course, they are governed by their
own stipulations. If none is agreed
upon, the law implies that the mar
riage shall take place within rea-
sonable time. Each party is entitled
to reasonable delay, but not to in
definite postponement, nor to delay
without reason nor beyond reason.
What is a reasonable time must be
determined by the jury, having in
view the. age, health, pecuniary
means and general situation OF the
parties, and indeed all the circnm-
stances of the particular case. Where,
however, one of the parties refuses
to carry out the contract at any