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4 Johns. 118

Reid v. Lord

New York Supreme Court

Decided February 15, 1809

New York Supreme Court · decided 1809-02-15

THIS was an action of covenant. The declaration described the defendant as, “ Samuel P. Lord, junior, otherwise called Samuel P. Lord, junior, and Josiah Barber ,” and stated that the defendant executed the covenant by that name. The defendant pleaded in abatement, and that the bill' might be quashed, because he is known only by the name of Samuel P. Lord, junior, and never was called, or known by the name of Samuel P. Lord, junior, and Josiah Barber.

Cited by 2 later decisions — most recently May 1939

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1809-02-15

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Per Curiam.

¶1There is no ground for this plea in abatement. The true name, is that which precedes an alias dictus; (Sayer, 279.) and the one which precedes here, is precisely the same name which the defendant gives to himself in the plea. The alias dictus is taken from the description which the defendant gave of himself in the covenant, and we must take it, that the description is, as it ought to have been literally copied. An alias dictus, as *119one of the old cases says, (Jenk. Cent. 119.) is only reputation, and is not the truth; and though it might as well have been omitted altogether, yet if it be supported by the covenant, the defendant cannot take an exception. There must be judgment of respondeas ouster.

¶2Judgment of respondeas ouster.

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