The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-09-04
COMMON LAW MARRIAGES.
UNCERTAIN " UAZiRDOUS. uTrn
LITTLE 10 URGE Nv THEIR

O0Ou IkenSOh AHNlhSt 10 Regular lRrR.
mony-vsrious Legal Decisions nna some
Conspicuous suits Now Pending.
What constitutes n common law mnrtinpc?
Is n question that arises naturally In the con.
sidcration OF several casos in tho courts re-
Gently. in which women have contendcd that
their relations have been those OF wives. and
men have declared that thoy wcro those Of
mistressos. Tho number Of these cascs sug-
gests an incrcnsc Of women who are willing to
stake themselves in relations open to dispute
by their consorts. or that there is an increase
OF designing women. who. after assuming n
mcretricious union with mon Of means. use the
flexible law. with its circumstantial evidence.
to have themselves declared wiyos by impress.
sionable jurios.
In requiring additional evidence In the ac-
ton Of uedwig Ilgner. or Herhst. to establish
"A marriage with Robert Herbst, an importer.
Justice Lawrence. who Is always outspoken.
without Intending. evidently. to pass on the
merits OF her claim at the time. said:
"There have been too many cases OF late
whore women have sought to have meretri.
cious relations declared marital. have tho
papers in another such case. which came up a
lew days ago. before me for consideration"
1t is clear. however. that craft Is not always
on the side OF the woman In such cases. 1t is
believed that many confding women are
duped under pretext OF the law by men whose
purpose is ultimately to cast Thorn of. Know
Ing only Indefinitely that a mutual agreement
constitutes q marriage In this State, and I'M.
mindful OF the difficulty OF establishing by
legal evidence such a marriage. many q wo.
man has been left neither maid nor matron,
and. perhaps. with children whose legitimacy
sho cannot establish at law. Few Of these
cases get into the courts. because It usually
and unless tho detendan. is wealthy there are
few lawyers who would consider tho cases.
many iaw's.s oiuost inSari,sn, suIn BUSINESS
because OF tho Amos. ih'ariaole defence.
monr scnsitive women WHO contain lats snoh
oo,ior ma thov prefer to bsar thar sorror.
a aothar . anu 's suSm pis't to the tU SIss r%a' Of s s"1S 8
e"arse'',tou u ,h"rao that 10 INN IN 'he
i iOS o women en- who have ens lar. veal woaIth sgI mem
are willing to go to court. Their charms may
be failing or they would not be go likely to be
throvn aside They hayo much to Gain and
little to lose. Perhaps IN their abandonment.
without hope OF success ut law. they are will.
Ling to oIliH,diG ate to Let s6r the " World msp Sn n} that they ey
weaI,b' and cause main 10 the men thev bav,
Sm e~ uiIsd In nnd their wives and families ."e' "A''
oeesEEmar, nirt wnn rarriv.s a nrono.tt,or
aSeIy Eip' W. Wn1 marr iotre q propos.,,Nn
should Consider several matters. In thu;
~ y t anont - NOT iiSeIy to- u.sir. TO ASSUME !"
relations which NAV be- disputed. The won,mn
should Consider That ~ liz common law It is
~. uhinn cnnstitntes ,nnrrinns sm"h
mutual agreement is not likely to have wit.
Of o!1 It is lett to circum stantiai evidence. II she
still desires 70 contract such . MARRIAGE. she
cAo,iS ~
N II is set tst the te w haXs i Sse or would %0 BE
strong nv m eti1ue4tH ~ this ettYsct wnnId do si nn II
sb.s Words Wldi The un]dersiEned agree to be man
t en- ~ M a1sisn with h ths dsts nda stS oS STst s would
ment. denied by her husband, her cause is
NJ n sn y is ' strnnv' This syideenca h nam UsnlainiGg t tSe
hmsnand's dnciarations that tIev are hMshanSS
lion nnn OF n her ns such. also her recention amono
his friends and relatives as his wife to
his knowledge. she should not forget that
locke d into the motiye for the reaistrntion ns
hotels as husband and wife. Where II ia an.
p TsSis,s1 1sst i Gw' a4i to s ts ne Laws sso as5 %aasties 80
which would otherwise oe denied and TO SAVE
t si,sis 5 ,sa;SSt r !, su siro syid snis 6 Me- had ii 5as
reeistration ia part Of n cham W ox1dsnro
shoSinr he intended to I hold de"i Himself H't out as
siider also hal IL She begins immroner rsIIatiions
Win a man the law will con siiar thsn, 70 non'
tMfnn" d .nch witnont strnne eviJnnn = - ~ H.,
n cnnten nS sui When the woman omUTs as esaesh Sow 20 .ne
onIv to Submit to the man on III nrn T"sse 70
mar marry her. the aSresmens has IA been ne held GOOD
~ aoainst nnhiir polirv and tba ,norai In ..
T M h Hnns,iop has has b IVA ~ hao me . no o. !, iaa:
dhas 4ues.ioG - u n nwg1nst. ueeh laiseu eileny
ns ~ o'e"e"oi pfo~iseo i
aaHer.raadjnp and acknowIeao;ro tho mr..
aller.iea1tns nWu haEMieofihE the COT
r ri"h ~ tbe Court tnnt ~ " ram mon pIca auesS oioIe-
ficHW2 u doSirinn ~ nieas saio: a..
no,i M'h of co neS'ai'k la tW cUn'ment on a rmi
poncy VI tbnrn '"T marr'hee, VIII
It hta' can ma" be and IS used by o" dishon naat
persons. Tho law undoubtedly has It's ad.
xAhthsts' oue . IL y. sonsiueTeu wnetlor
c m,,s !" pi ri marin res I" i Hu1m may ,Tst 20 aEa,ns y
cereinonih! innai"aen ~ 'oLm just hs lsGnlil
union as py Ser".."h}' amu there are undonbt-
ealy men ~" c me - ih" v fha sncn 2 hnioh
anILaervin' ~, tna ot,,,r :" - - SIu,s'i
authorifIes' os inc sc G5a9r mand, this law un-
,ortun;tv 10 claim ,narir.i rai,tinnu 'H;th a
Lo 81 u thev lid nmt ,n ioiit,o.s WIN .
man Mhei. ~ ~ ~ ~ tehitty eaisl. anu
tho ,obloTtuhlty ~ eHen greater after the
death of tho man, whose testimony could ner-
hais cleariy snow tnar the pslatlons alleged TO
HnMhEe otei T. 49,. y " tSSr ,a1.e,y nietGtraclouS