Lapas attēli




Vols. Black, 2; Cranch, 9; Dallas, 3; Howard, 24; Otto, 16; Peters, 16; Wallace, 23; Wheaton, 12,

105 CIRCUIT AND DISTRICT COURT REPORTS. Abbott's Admiralty, 1; Abbott’s U. S., 2; Baldwin, 1; Bee, 1; Benedict, 10; Bissell, 9;

Blatchford, 19; Blatchford's Prize Cases, 1; Blatchford & Howland, 1; Bond, 2;
Brown, 1; Chase, 1; Clifford, 4; Crabbe, 1; Cranch, C. C.,5; Curtis, 2; Daveis, 1;
Deady, 1; Dillon, 5; Flippin, 2; Fisher's Prize Cases, 1; Gallison, 2; Gilpin, 1;
Hempstead, 1; Hoffman, 1; Holmes, 1; Hughes, 4; Lowell, 2; McAllister, 1; Mc-
Calion, 1; McCrary, 3; McLean, 6; Marshall, 2; Mason, 5; Newberry, 1; Olcott, 1;
Paine, 2; Peters' C. C., 1; Peters' Admiralty, 2; Sawyer, 7; Sprague, 2; Story, 3;
Sumner, 3; Taney, 1; Wallace, C. C., 1; Wallace, Jr., 3; Ware, 2; Washington, 4;
Woods, 3; Woodbury & Minot, 3; Woolworth, 1; Van Ness, 1,




Smith (N. H.); 3 and 4 Day (Conn.); 16, 32 and 34 Conn. ; 2 Brown (Pa.); 6 Call (Va.);

2 Martin (N. C.); 25 Tex. Sup. ; Cooke (Tenn.); Overton (Tenn.); Vt. Reps., 20-25, and 29; 35 Georgia; American Law Register, 30 Vols. ; Brewster (Pa.), 3 and 4; Legal Gazette Reports (Pa.), 1; 2 Haywood (N. C.); Pittsburgh Reports, the Pittsburgh Legal Journal, 3 Vols. ; The Philadelphia Reports, 12 Vols. - a reprint of the Legal Intelligencer,




Abbott's Admiralty .... Abb. Adm.
Abbott's U.S......

Albany Law Journal. Alb. L. J.
American Law Register... Am. L. Rog.
Baldwin ..


Bee. Benedict

Ben. Bissell

Biss. Black.

Black. Blatchford.

Blatch. Blatchford's Prize Cases... Bl. Pr. Cas. Blatchford & Hovland.... Bl. & How, Bond ...

Bond. Brewster

Brewster. Brockenbrough

Marsh. Brown.

Brown. Call

Call (Va.). Central Law Journal. Cent. L. J. Chase's Decisions ,

Chase's Dec. Chicago Legal News Ch. Lez. N. Clifford

Clifr. Color:ado Territory..

Colo. T'y. Connecticut Reports..

Conn. Cooke ....

Cooke (Tenn.). Court of Claims.

Ct. Cl. Crabbe

Crabbe. Cranch

Cr. Cranch's Circuit Court.... Cr. C. C. Curtis .....

Curt. Dakota Territory....

Dak. T'y. Dallas

Dal. Daveis.

Dav. Day

Day (Conn.). Deady

Deady. Dillon

Dill. Federal Reporter...

Fed. R. Fisher's Patent Cases. Fish, Pat. Cas. Flippin

Flip. Gallison.

Gall. Gilpin

Gilp. Hempstead

Hemp. Hoffman..

Hoff. Holmes.

Holmes IIoward

How. Hughes ...

Hughes. Law and Equity Reporter.. Law & Eq. Rep. Legal Gazette Reports ..... Leg. Gaz. R.


Low. McAllister.

McAl. McCahon..

McCalon, MicCrary

McC. McLean

Mch. MacArthur

MacArth. Marshall

Marsh. Martin...

Martin (N. C.). Mason

Mason. Montana Territory

Mont. T'y. Newberry.....

Newb. National Bankruptcy Register

N. B. R. Olcott

Olc, Opinions of Attorneys-General.

Opp. Att'y Genl. Oregon

Oreg. Otto..

Otto. Overton

Overton (Tenn.). Paine...

Paine. Peters

Pet. Peters' Admiralty.

Pet. Adm. Peters' Circuit Court

Pet. C. C. Philadelphia Reports ... Phil. Pittsburgh Reports

Pittsb. R. Sawyer

Saw. Smith

Smith (N. H.). Sprague

Spr. Story

Story. Sumner.

Sumn. Taney

Taney. Utah Territory

Utah Ty. Vermont Reports

Vt. Wallace

Wall. Wallace's Circuit Court Wall. C. C. Wallace, Jr....

Wall. Jr. Ware ...

Ware. Washington....

Wash. Washington Territory..

Wash. T'y. Wheaton

Wheat. Wheeler's Criminal Cases .. Wheeler, Woods.......

Woods. Woodbury & Minot

Woodb. & M. Woolworth

Woolw. Wyoming Territory Wyom. T'y. Van Ness

Van Ness.




$1. In general.- Where two names have the same original derivation, or where one is an abbreviation or corruption of the other, but both are taken promiscuously, and according to common use, to be the same, though differing in sound, the use of one for the other is not a material misnomer, Gordon v. Holiday,* 1 Wash., 287.

$ 2. It seems that an act of attainder against Henry Gordon is void as against one who was baptized and always known and called by the name of Harry Gordon. Ibid.

$ 3. A name chosen by a person by which he causes himself to be known becomes his name. United States v. Winter, 13 Blatch., 276.

$ 4. Material variance.— A letter of credit addressed by mistake to John and Joseph Naylor & Co., but delivered by the bearer to John and Jeremiah Naylor & Co., the firm to which the writer really intended to address the letter, will not support an action of assumpsit for funds advanced to the bearer by the latter firm; nor is parol proof admissible to show the intent of the writer, and that the variance was the result of a mistake. Grant v. Naylor, 4 Cr., 224.

$5. In an action where the declaration stated that E. Brown was attached to answer, and proceeded to allege the drawing of a bill of exchange by Elisha Brown, a bill of exchange signed by E. Brown, such signature being that of Elijah Brown, is not admissible in support of the declaration. Craig v. Brown, Pet. C. C., 139.

$ 6. In an action for assault and battery, defendant pleaded that the plaintiff was known and called by the name Jesse Jeffery, and pot Jesse Jeffries. A demurrer to this plea was sustained. Held, that the court erred; that the names are not idenı sonans. Marshall v. Jeffries, * Hemp., 299.

$ 7. Immaterial variance.- Where a commission to take depositions under an order of the court purported to be in a cause between Richard M. Meade, plaintiff, and K., defendant, whereas the name of the plaintiff was Richard W. Meade, the mistake being made by the clerk in making out the commission, held, that there was no material variance.

Keene v. Meade, 3 Pet., 1.

$ 8. If a dedimus issue to take depositions in a cause in which Richard M. Meade is plaintiff, whereas the name of the plaintiff was Richard W. Meade, and the commissioners certify that they took the depositions to be read in a cause in which Richard W. Meade was plaintiff, the depositions are admissible, notwithstanding the clerical error in writing an M. for a W. in the commission. Meade 2. Keane, 3 Cr. C. C., 51.

$ 9. The use of a wrong name by mistake in the body of a deposition is not material if the right pame appears in the title of the case. Thus, where the deposition read, “Anderson, the above plaintiff,” whereas the plaintiff's name was correctly stated in the title of the case as “Vorce,held, immaterial, as the mistake could mislead no one. Voce v. Lawrence, 4 McL., 203.

§ 10. Extrinsic evidence.- A patent is not void by reason of an error in the christian name of the patentee if it contains any other matter descriptive of the person for whom it was intended, in which case extrinsic proof is admissible to identify the grantee. Where a patent was issued to Phillipe F. Carlier and A. V. as joint inventors of an improvement in extinguishing fires, there being no such person as Phillipe F. Carlier, held, that by reason of this description, Francois Phillipe Carlier being identified as the joint inventor with A. V., and the person intended in the patent, the patent was valid. Northwestern Fire-extinguisher Co. v. Philadelpbia Fire-extinguisher Co., * 6 Off, Gaz, Pat., 34.

$ 11. Reputation or hearsay is competent proof of the name of a person, place or house. Thus, upon an indictment of one Dodge for selling liquor without a license, the court allowed the prosecution to show that the house where the liquor was sold “was called Dodge's," and that the man who dealt out the liquor “was called Dodge.” United States v. Dodge, Deady, 156.


[ocr errors]


« iepriekšējāTurpināt »