The Panola weekly star. (Sardis, Miss.) 1882-18??, 1882-08-12

The Law Regarding Names.
A mans nama Ia simply The deslRna
iln by which be- " usually called that
~ which ha u Usually known Ills
surname need not he bis fathers iis
Christian name need not he baptiamaL
hunc don't care 10 BIO baptized. and
that rite, whatever benefits u may W..
cure In u future world, In no way affects
legal rights here. lIe may have differ.
ent names nj different times ~ places
Any name by which he IA known u his
true am A woman mafrles one
Brown, becoming Mrs. brown. She
elopcs with one Clark, aud becomes
Mrs. Clark. She sues M Mrs. Clark,
aud u being objected she had no rigla
b. that name, the court held that she
had. - she was known by H. lie may
assume any maine hc pleases Except ~
below, and may change his name nd
llbltum. lie may assume n name and
be cstopped from denying Il. II he en-.
ters into u particular transaction by q
particular name, that il his real name
for that transactions tho law looks only
10 his identity. lilo may change his
name without aid OF Legislature or
court. "a name assumed by the vol
nntary act OF n young nan Mt his outset
into life, adopted by Nil who knew him.
aud by which he Is constantly called.
becomes for all purposes that occur TO
my mind m much and eifectually his
namc n II he had obtained an act Of
Parliament TO confer IL upon him."
abbott, G. j., In Doe vs.. Yates
There is a Maryland statute giving the
Equity Courts power 10 decree n change
OF name. And, sometimes, for the sake
Of tho publicity and sanction given by
tho courts action, persons prefer 10
avail Of the statute cited. But they need
not do 50.
According 10 our law n name Is not
property. A cannot sue Is for calling
himself A. There are four colorcd
men in Baltimore City named David
Wilson, two named George II. Wilson.
twenty-seyen named George Washing
ton; there Is no property In these
names. There Is, however, one class
Of cases where q man may not only not
assume another mans name, but may
be prohibited from using his own.
These are cases where n name has be-
come u trademark. II Is well settled,
as n general proposition. that o person
has q legal right 10 use his w name to
designate an article produced and sold
by him. although another person Of tho
same name has previously sold aud
manufactured the Ike article with tho
same designation. But, when II Is clear
that having q like name uses II for
tho purpose Of Imposing his own arti-
clcs upon purchasers Tor another arti-
Gle that has become known and we'll
established, he Is imposing on the pub.
lie. and trying TO secure for himself
what belongs TO another, and will be rc-
strained. Thus, A. w. Fabcr had cs.
tablishcd n reputation for pencils
stamped with his name. One J. ii.
Fabcr began making pencils and stamp
ing them with his name. A. W. y.
tried 10 have J. II. y. enjoined. But
the court held that, while II might In
convenience and cause loss TO A. w. +.
10 have another manufacturer Of PEN
ellis OF the same name. yet hc had not
shown any fraud on the part Of the lat
ter, and the latter could 20 on stamp
Ing his pencil -. II. Fabcr." On tho
other hand. Day \ Martin were manu-
facturers Of celebrated blacking. A
man named Day, for the very purpose
OF taking advantage Of this name.
hunted up ono Martin, and together
they made and sold .'Day a. Martin"
blacklng. But this tho court quickly
fstopped.
As 10 the use Of tho initials Of the
Christian names: Though an instrument
Is good when signed by initials. the
signer must be sued by his name. But
II one Christian name Is given. Il i
enough Amiddle initial Is mere sur
phtsNge, and may DO entirely ignored.
But a single letter y not necessarily ar
initial Ill may boa name. why ma,
not parents. for q reason, good or bad,
; say that their children shall be baptized
by the name d. l., M, 7. or OF l an
' Just Informed by person oi most cred
iblc authority that with his own knowl
edge q person has been baptized by thu
, name Off, Qord Campbell In Reginl
90. Dale.) Thus a declaration filed b,
81. w. Hickok' Ia not demurrnblc be
cause no name Is stated. The court viii
: not assume that -. w" Is not thu
I plaintiffs true name. The issue as ts
: whether the letters are the true nam
. must be raised by a plea In abatement
and then. II II Is proved that tho part,
was generally known BY his initials,
, y sufficient linus. II benjamin say
|, ings was well known rs H. savings. NJ
counsel should have proved. n no
asked 10 amend.
! The spelling OF a name Is legally o
|, little i~mportancei the rule OF idem son
: ans applies usrcy mny be srelt Us
: ury.
i,s Of course o. g.es, lmpos'anc