The Bolivar bulletin. [volume] (Bolivar, Hardeman County, Tenn.) 1865-1888, 1882-08-10
The Law Regarding Names.

The Law Regarding Names.
A mans name is simply the designa-
ton by which he is usually called-that
by which he is usually known His
surname need not be his fathers. His
Christian name need not be baptismal.
Some don't care to be baptized, and
that rite, whatever benefits it may 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
Brown, becoming Mrs. Brown. She
elopes with one Clark, and becomes
Mrs. Clark. She sues as Mrs. Clark,
and it being objected she had no right
to that 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
hbitum. He may assume name and
be estopped from denying it. If he en-
tiers into 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
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 a 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 apother mans name, but may
be prohibited from using his own.
These are cases where a name has be-
come a trademark. 1t is wen settled,
as a 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 and
manufactured the like article with the
same designation. But, when it is clear
that one having a Ike name uses it for
the purpose of imposing his own arti-
cles upon purchasers for another arti-
Gle that has become known and well
established, be is imposing On the pub
lie, and trying to secure for himself
what belongs to another, and will be re-
strained. Thus, A. w. Faber had es-
tablished a reputation for pencils
stamped with his name. One j. III.
Faber began making pencils and stamp
ing them with his name. A. w. +.
tried to have J. III. +. eniOined. But
the court held that, while it might in
convenience and cause loss to A. w. T.
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 g. 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 ID, l., M, p, or or l am
just informed bya person of most cred
| ible authority that with his own knowl-
edge a person has been baptized by the
name Of IT, (Lord Campbell in Regina
as. Dale.) Thus a declaration filed by
81. w. HickOk'' is not demurrable be-
cause no name is stated. The court will
not assume that 81. 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
The spelling of name is legally of
little Importance; the rule of idem SON
ans applies. Usrey may be spelt Us
ury.
1t is of course of great importance
that persons should not throw doubts
upon their identity by changing their
names 1t is therefore important that
parents should not make such changes
desired by giving their children foolish,
/ common, insufficient names. There are
/ in Baltimore 1913 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, 112 John Browns.
A time has come when it rs positive of
/ Tense against society to repeat these
names any further In discussing a
4 John Smith it might take a half-hoW
1 for two persons to determine whether
4 they had in view the same one.
Often the desire to tickle the vanity
of relative or friend by naming a
4 child after him. or to secure a temporal
blessing for the child by naming it after
some relative or friend, or some foolish
/ sentiment, warps the judgment in
| choosing names. -Aaryld1d LGIO Rec
! ord.
An incident of the recent Scioto
disaster on the Ohio, is told by a Yves t.
ern paper. 1t appears that young
fellow on board, just previous % the
disaster, was Boosting to his girl. to
whom he was engaged to be married,
and who accompanied him on the ex-
Z cll4.Sion on the fatal Fourth that he