In a recent legal proceeding in the King’s Bench Division before Mr Justice Moloney, an application for leave to serve a writ out of the jurisdiction was made in the case of Hickey v. Barry. The plaintiff, Miss Mary Hickey, a dressmaker hailing from Reeves Path, Limerick, is pursuing damages for an alleged breach of promise of marriage against Mr James A. Barry, a master gunner in the Royal Garrison Artillery currently stationed at Castledover, County of Kent, England.

The legal representative for Miss Mary Hickey, Mr O’Brien Kelly, brought forth the application, seeking permission for the writ to be served outside the jurisdiction. The court learned that the parties involved had initially met in Limerick when Mr Barry’s regiment was stationed in the city. Following the customary courtship, the defendant purportedly promised marriage to the plaintiff. Both she and her acquaintances regarded him as her future husband.

According to Mr Kelly, a substantial number of letters exchanged between the parties supported the plaintiff’s claims. When questioned by Mr Justice Moloney about the nature of the correspondence, Mr Kelly highlighted that the letters were voluminous, with one of the last missives dated August 1909, sent from Gibraltar. The judge inquired specifically about any mention of a promise of marriage in the letters. Mr Kelly, with a touch of humour, noted that the letters were extensive, spanning about ten pages in his brief, and concluded with an affectionate sign-off – “accept again my fondest love.—Jim,” accompanied by approximately ten crosses, interpreted as kisses.

Despite the light-hearted exchange, Mr Justice Moloney sought clarity on the crucial aspect of a definite commitment to marriage in the correspondence. Mr Kelly explained that while Mr Barry discussed various matters, including his aspirations for promotion as a warrant officer, there were 28 pages in total. He added that, at one point, Mr Barry mentioned, “Now sweetheart, you can see our only chance of salvation will be my promotion.”

In response to the application, Mr Justice Moloney granted permission for the writ to be served outside the jurisdiction. The court directed that the writ should be signed on the defendant’s quarters in Kent.

This legal development brings attention to the intricacies of a breach of promise case involving a Limerick resident and a military officer stationed abroad. The case underscores the significance of examining written correspondences and the need for a thorough legal process to adjudicate such matters.

As the proceedings continue, it remains to be seen how the court will assess the evidence presented and determine the outcome of this breach of promise case originating from the city of Limerick.

Evening Herald (Dublin) – Tuesday 04 November 1913