Name

The designation by which a person or corporation is usually known. Many decisions have said that the law recognizes only one Christian name; and the insertion or omission of a middle name, or any error in it, or the giving an initial only, is not a material variance; and, for civil purposes, it has been held that a single letter may be taken as an entire Christian name. Whether this is allowable in an indictment has been differently decided. Such affixes as junior or senior form no part of the name. If several persons bear the same name, it is a question of fact which one is intended, in any'particular case, when it is used. By a familiar principle, known as the rule of idem sonans, trivial differences in spelling of names, not materially affecting the sound, are disregarded; the name is deemed the same if the pronunciation is substantially preserved, notwithstanding variations of orthography. See U. S. Dig. tit.

Persons.

Where two names have the same original derivation, or where one is an abbreviation or corruption of the other, but both are taken promiscuously, and according to common usage, to be the same, though differing in sound, the use of one for the other is not a material misnomer. Gordon V. Holiday, 1 Wash. 285; Wilkerson v. State, art, or occupation; such as merchant, mercer, tailor, painter, clerk, schoolmaster, husbandman, laborer, or the like.

2 Hawk. ch. 23, § 111.

N. it will be presumed, nothing appearing to show the contrary, where the name is used, that the father is intended.

Brown v. Benight, 3 Blackf. 39.

It is merely a custom for males to assume the name of their parents, but it is not obligatory, nor is it punishable to adopt another name. Any contract or obligation, grant or devise, entered into or made by or with reference to a man by a name which he has voluntardy assumed, is as valid and effectual as if the original name were employed.

Petition of Snook, 2 HUt. 566.

Engraving upon the collar of a dog the initials of the owner's name is not engraving on the collar the " name of the owner " of the dog, within the meaning of a statute requiring this.

Morey v. Brown, 42 A^. H. 373.

Where a defendant is known as well by one name as another, he may be sued and arrested by either, and it is immaterial by what name he was known to the plaintiffs in the action.

Eagleston v. Sou, 5 Robt. 640.

When a person affected by a crime is known by two names, and the pleader, for greater certainty, deems it necessary to aver both names in an indictment, it is immaterial which of the two names is first stated, and which was the real name. It is sufficient if the pleading designates with certainty the names by which the person intended may be known, and the priority of the names in the statement is unimportant.

Kennedy v. People, 39 N. Y. 245; 5 Abb. Pr N. s. 147.

The corporate name of a township is not " the congressional township, numbered," &c., but " the inhabitants of congressional township, numbered," &c. State o.

Anderson, 7 Blachf. 222.