The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-18
THE COURTS.
The Shakespearian Conundrum,
Whats in a Name 2"
FINEST POLICE IN THE WORLD.
Penalties for Violating the
Excise Law.

somewhat curious suit was recently commenced
by Isaac W. England, as assignee OF Frank Leshe
against The New York Publishing Company, Henry
Leslie and the American News Company. Frank Leslie
also being party plaintiff. The action Is brought 10
restrain tho New York Publishing Company from
using the name Frank Leslie as part OF the
tito OF a weekly journal published by them,
entitled Frank Leslie lbs, Sporting and Dramatic
Ne.cs II is alleged that there is no person OF tho
name of Frank Leslie engaged IN the publishing Of
the defendants journal, and that tho use OF that
name as part OF the title tends to mislead he public
into the purchase OF It as one OF the piainths publ
cations The name Of the plantin, Frank Lcsic, as
stated the deend papers In the suit was orgi
naliy Henry Carter. His eldest son, now sued as
Henry Leslie, born in England in 1914 and named
after his ather Henry Carter and was registered by
that name England. After coming to this country
the plaintiff assumed the OF Frank Leslie, and
In 1857 his name changed by act VI tho Legs
iature Whom the defendant was a boy his father
told h m he wished him to be named after him, and
accordingly directed him to take the name OF Frank
Leslie. which ne did, ana was thereafter known as
Frank Leslie, Jr His father and other relatives al.
dressed letters him by that name ana IN 1868 ne
was christensd in the Episcopal Church at Eliza
beth, N. J., by the name OF Franz ana IN
Inc following year was married ny tnat uame
IL his futuer's presence Alter his marriage
he went 70 Chicago with the trtention OF gong INTO
The publishing business, anu Whie theic aSIvPes1
propos,tIon from his rather conduct the Western
editions oil the latter's various publications during
his Chicago his father began 10 audress
HIN as Frank IL. Leslie, and upon asking MIN ior an
explanation OF TINS change III his name ne was IN
formed by his father That he had rich relations IN
England who gut leave hin properly on account oil
the name OF Henry Ho still continued, now
ever, TO be known Frank Leslie, Jr,
after having been year IN chicago ne returned
To this city, where he employe1 IN his lather's
establishments and some time about the year 1867 was
told by the latter that he must drop the name OF
Frank. This he refused TO do, whereup0n ms lather
threatened to di nherit him. short time aiter"ard,
rs ne further states, lawyer called upon u IN ana
read 10 nim what he gwen TO understand
was an order the Court prohibiting him
thereafter IRON using the name OF Frank Leslie, Jr
Supposed this to be genuine and vaiId order Of Inc
Court he com Piled with the same ana thereafter as
sumed the name OF Henry Leslie, which name no
signed receipts and bils while IN his fathers en-
ploy and by winch name be became known 10 many
acqua intances. In his domestic intercourse, now
ever he continued 10 DO called Frank. ln 1868 be
copyrighted by him under the name OF Henry
Leslie, which, he States he ala supposing
that he prohibited by the order re-
ierred 10 from using MS own name he soon
publication the journal sought TO be restranei he
saw lawyer who oid him that the Injunction was
granted BY Judge Garvn Of the superior Court that
u was foolish on the part oi his ather TO 40 such
that lie had a perfect right 10 use the
OF Frank Leslie, Jr. Upon making
search Of the records no such order could
be found, aud he thercupon resumed his name ana
came before Chief Justice Daily on motion Tor apre-
lin nary yesterday rendered decision
denying the motion. The Judge he'd that Mr. Les
LEES rig Mt Is clear and explicit and sup
ported by most satisfactory evidence and That
fraud deceit having been proven, ne Is entitled TO
continue the publication.