Idem sonans

Defined in 6 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Black's (1910), Black's (1891), Bouvier (1839)

Definitions from Case Law

From 234 U.S. 385 - Grannis v. Ordean · 1914Most cited · 1,339 citing opinions

In a published notice or summons, intended to reach absent or nonresident defendants, where the name is a principal means of identifying the person concerned, somewhat different considerations obtain. The general rule, in cases of constructive service of process by publication, tends to strictness. But, even in names, 'due process of law' does not require ideal accuracy. In the spelling and pronunciation of proper names there are no generally accepted standards; and the well-established doctrine of idem sonans—generally applied, as it is, to constructive notice of suits—is a recognition of this.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

Sounding the same. A term applied to names which are spelled differently, but have substantially the same sound; the difference in spelling being held in such case not to constitute a variance. Thus, "Hutson" for "Hudson" (7 Miss. 142), "Keen" for "Keene" (Thach. C. C. [Mass.] 67), and "Deadema" for "Diadema" (2 Ired. [N. C] 346).

Ballentine's Law Dictionary

James A. Ballentine · 1916

Having the same sound. See 82 Tex. 58, 27 Am. St. Rep. 852, 19 S. W. 847.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied In the spelling, as "Lawrence" and "Lawrance," and the like. 1 Cromp. & M, 806 ; 3 Chit Gen. Pr. 171. Two names are said to be "idem sonantes" if the attentive ear finds difficulty in distinguishing them when pronounced, or if common and long-continued usage has by corruption or abbreviation made them identical in pronunciation. State v. Griffie, 118 Mo. 188, 23 S. W. 878. The rule of "idem sonans" is that absolute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pronounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced, the name thus given is a sufficient identification of the individual referred to, and no advantage can be taken of the clerical error. Hubner v. Reick-hoff, 103 Iowa, 368, 72 N. W. 540, 64 Am. St. Rep. 191. But the doctrine of "idem sonans" has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material, must be such as has misled the opposite party to his prejudice. State v. White, 34 S. C. 59, 12 S. E. 661, 27 Am. St. Ren. 783.

A Dictionary of Law

Henry Campbell Black · 1891

Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling, us “Lawrence” and “Lawrenee,” and the like. 1Cromp. & M. 806; 3 Chit. Gen. Pr. Ae

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

of the same sound. In pleadings when a name which it is material to state, is 5, 37, 20.—5th. There is hypothecation of the goods of a testator for the security of a legacy he has given. Code, 6, 43, 1. In the common law, cases of hy pothecation, in the strict sense of the civil law, that is of a pledge without possession by the pledgee, are scarcely to be found; cases of bottomry bonds and claims for seamen’s wages against ships are the nearest approach to it; but these are liens and privileges rather than hypothecations. Story, Bailm. § 288. Vide, generally, Poth. De Hy pothéque; Poth. Mar. Contr. translated by Cushing, note, 26, p. 145; Commercial Code of France, translated by Rodman, note, 52, p. 351; Merl. Répertoire, mot Hypothéque, where the subject is fully considered; 2 Bro. Civ. Law, 195; Ayl. Pand. 524; 1 Law Tracts, 224; Dane’s Ab. h. t.; Abbott on Shipp. Index, h. t.; 18 Ves. 599; 4 Bac. Ab. 625. Civil Code of Louis. tit. 22, where this sort of security bears the name of mortgage, (q. v.) I. cient, as Segrave for Seagrave, 2 Str. R. 889; vide also Russ. & Ry. 412; 2 Taunt. R. 401. In the following cases the variances there mentioned were declared to be fatal. Russ & Ry. 351; 10 East, R. 83; 5 Taunt. R. 14; 1 Baldw. R. 88. See, generally, 3 Chit. Pr. 231, 2.