Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1882-08-11
The Law Regarding Names,

hon by which he is usually called-that
oy which he is usually known. His
surname need not be his fathers. His
christian name need not be baptismals
some don't care to be baptized, and
hat rite, whatever benefits it NAV Sc
cure In a future world, in no way affects
legal rights here. he may have differ
ent names at different times or places.
Any name by which he is known is his
true name. A woman marries one
I Brown, becoming Mrs Brown. She
eiopes with one Clark, and becomes
I MIS-. Ciafk. She sues as Mrs. Clark,
and 1t being objected she had no right
! 10 tnat name, the court held that she
had, as she was known by it. He may
! assume any name he pleases- Except as
below, and may change his name ad
hbltum.a he may assume name and
be estopped from denying it. If he en-
tiers lntosa particular transaction by a
particular name, that is his real name
for that transaction; the law looks only
to his identity. He may change his
name without aid of Legislature or
court "a name assumed by the vol
untary act of young man at his outset
into life, adopted by all who knew him.
and by which he is constantly called
becomes for all purposes that occur to
my mind as much and effectually his
name as if he had obtained. an act Of
Parliament to. confer it upon him."
! (Abbott, G. j., in Doe. VS.. Yates. y
There is a Maryland statute giving the
! Equity Courts power to decree change
OF name. And, sometimes, for the sake
OF the publicity and sanction given by
the courts action, persons prefer to
avail OF the statute cited. But they need
not do so.
According to our law name is not
| property. A cannot sue b for calling
himself A. There are four colored
men in Baltimore City named David
Wilson, two named George II. Wilson,
twenty-seven named George Washing
ton; there is no property in these
names. There is, however, one class
OF cases where man may not only not
assume another mans name, but NAV
be prohibited from using his own.
These are cases where a name has be-
come trademark. 1t is well settled.
as general proposition, that a person
has legal right to use his own name to
designate an article produced and sold
by him, although another person of the
same name has previously sold aud
manufactured the like article with the
same designation. But, when it is clear
that one having a like name uses it for
the purpose of imposing his own arti-
Giles upon purchasers for another arti-
f. Gle that has become known and we'll
established, be is imposing on the pub
lie, and trying to secure for himself
what hQlnnOC RI Nd L
strained. Thus, A. w. Faber had es-
tabhshed a. reputation for pencils
stamped with his name One j. II.
Faber began making pencils and stamp
ing them with his name. A. w. F.
tried to have j. II. F. enjoined. But
the court held that, while it might in
convenience and cause loss to A. w. f.
to have another manufacturer of pen
ellis OF the same name. yet he had not
| shown any fraud on the part of the lat
ter, and the latter could go on stamp
ing his pencil 81. Ii. Faber." On the
other hand, Day & Martin were manu-
facturers; of celebrated backing. A
man named Day, for the very purpose
OF taking advantage of this name,
hunted up one Martin, and together
they made and sold DAY & Martin"
backing. But this the court quickly
stopped.
As to the use of the initials of the
Christian name: Though an instrument
is good when signed by initials, the
signer must be sued by his name. But,
If one Christian name is given, it is
enough. A middle initial is mere sur
plusage, and may be entirely ignored.
But single letter is not necessarily an
initial-it may be a name. "Why may
not parents, for reason, good or bad,
say that their children shall be baptized
by the name d, l., NJ, p, or o? L am
Just informed by a person of most cred
ible authority that with his own knowl-
edge person has been baptized by the
name of " (Lord Campbell in Regina
rs. Dale.) Thus declaration filed by
81. w. Hickok'' is not demurrable be-
cause no name is stated. The court will
not assume that -. W. is not the
plaintiff true name The issue. as to
whether the letters are the true name
must be raised by plea in abatement;
and then, if it is proved that the party
was generally known by his initials, it
is sufficient. Thus, if Benjamin Saw
ings was well known as B. Savings, his
counsel should have proved. and not
asked to amend. 80
The spelling of a name is legally of
little Importance; the rule of idem SON
ans applies. Usrey may be spelt Us
ury. .r.,cA 40 -.nssa 1orv0li.
1t is of course of great Importance
that persons should not throw doubts
upon their identity by changing their
names. It's therefore important that
parents should not make.snch changes
desired by giving their children foolish,
common. insufficient names. There are
in Baltimore 153 John Smiths, forty.
nine of whom are colored. Is it not
wonderful that some of these do not,
change their names? There are eighty
eight John Johnsons, LIZ John Browns.
"A time has come when it's q positive of
tense against society to repeat these
names any further In discussing a
John Saith it might take q half-houf
for two persons to determine whether
they had in view the same one.
Often the desire to tickle the vanity
of relative or friend by naming a
child after him, or 10 secure temporal
hlae n Il - :. ft<.~