Name

1.

A designation by which a person, natural or artificial, is known. It is merely a custom for males to take the name of their parents, and not obligatory,^ When two names have the same original, or one is an abbreviation or corruption of the other, but-bothiu common usage are the same, the use of one name for the other is not a material misnomer, ^ When a person is known equally well by two names he may be sued or indicted by either name, or by both,' When a nickname is used, evidence will be received as to the true name. Such a name is but an alias for the true Jiame.' ' Commonwealth v. Dejardin, 120 Mass. 47 (1878), 2 Petition of Spook, 2 Hilt. 568 (1859). = Gordon v. Holiday, 1 Wash. 289 (1805); 13 Mo. 92. ' 'Eagleston v. Son, 5 Robt. 640 (1866); Kennedy v. People, 39 N. Y. 250 (1868). The rule that the middle name is really no part of one's name has not been extended to the Christian name; on the contrary, the law presumes that every person has a Christian name. Where there is a mistake in the name used in the writ, and the writ is yet served on the right person, he is thereby informed that he is the person meant, and he should ple Eid the misnomer in abatement. A non-resident, to whom a wrong name is given in an order of publication, receives no legal notice.* The law recognizes only one Christian name. There are cases countenancing, if not establishing, that the omission of a middle letter is not a misnomer or variance; if so, the middle letter is immaterial, and a wrong letter may be disregarded." Signing by initials satisfies the statute of frauds. ^ And a legatee may be designated by initials.* The effect of designating a candidate for election by his initials has been variously decided.^ ■'Jr." or "Sr." is not part of a name." Nor is *' Mrs." a part.' When father and son have the same name, the use of the name presumptively' designates the father.* Identity of name is prvma facie evidence of identity of person.* As to names having the same sound, see Ideu, Sonans. At common law, a man may lawfully change his name. He is bound by any contract into which he may enter in his adopted or reputed name, and by his recognized name he may sue and be sued.^" As to the use of a name as part of a trade-mark, see that title.

3.

A man's name, as the synonym of his power and personality, is often put for the man himself. Thus, an agent is said to buy " in the name " of his principal when he buys 1 Skelton v. Sackett, 91 Mo. 379-80 (1886); 37 id.

301. 'Keene v. Meade, 3 Pet. *" C1830), cases; Games v. Stiles, 14 id. Zil (1840); Commonwealth v. O'Heam, 132 Mass. 553 (1882); State v. Black, 12 Mo. Ap. 534 (1882), cases; State v. Teeny, 13 R. I. 623 (1S82), See also 32 Cent. Law J. 487 (1886), cases; 17 Ala. 179; 39 Dl. 457; 52Ind. 347; 20 Iowa, 98; 10 Miss. 391; 28 N. H. 561; 14 Barb. 261; 5 Johns. 84; 19 Ohio, 423; 4 Watts, 329; 7W. & S. 406; 14 Tex. 402; 28 id. 772; 26 Vt. 599. > Addison, Contr. 46, n; 1 Denio, 471. * Abbot V. Massie, 3 Ves. *148 (1796). See also Minor V. State, C3 Ga. 321 (1879). 'Cooley, Const. Lim. 766; 38 Me. 559; 16 Mich. 283; 8 Cow. 102; 4 Wis. 429. •Commonwealth v. Perkins, 1 Pick. 338 '(1823); 8 Conn. 280; 23 Me. 171; 9 N. H. 519. ' Elberson v. Richards, 42 N. J. L. 70 (1880). 8 Brown v. Benight, 3 Blackf. 39 (1832). • Stebbins v. Duncan, 103 U. S. 47 (1832), cases; State V. Kelsoe, 76 Mo. 507 (1882); 25 Pa. 133; 68 id. 200; 53 Mi. 427. '» Linton u.

First Nat

Bank of Kittannlng, 10 F. R. 897(1882), cases; Commonwealth v. Trainor, 123 Mass. for him, declaring his agency. A man invests " in his own name " (as executor) when he invests openly for himself, though he only receives evidence (bonds) of the investment.! See Addition, 3; Alias, 1; Fohoery; Misnomer; Signature. Compare Nomen. Namely. See "Wit.