Edmundson v. State
Supreme Court of Alabama
Error to the Circuit Court of Limestone. Before the»Hon. Thomas A. Walker. 1. There is a greater discrepancy in the" sounds of the true and adopted names in this case, Edmindson or L. Edmindson for Edmundson, than in the following instances, which have been held not to be idem sonans: McCann for McCarn, (Russ. & Ry. 351); Shakepeare for Shakespeare, (10 East. 83); Tarbart for Tabart, (Bingham v. Dickie, 5 Taunt. 14): Lyons for Lynes, (5 Port. 241); Barham for Barnham, (Kirk…
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Error to the Circuit Court of Limestone. Before the»Hon. Thomas A. Walker. 1. There is a greater discrepancy in the" sounds of the true and adopted names in this case, Edmindson or L. Edmindson for Edmundson, than in the following instances, which have been held not to be idem sonans: McCann for McCarn, (Russ. & Ry. 351); Shakepeare for Shakespeare, (10 East. 83); Tarbart for Tabart, (Bingham v. Dickie, 5 Taunt. 14): Lyons for Lynes, (5 Port. 241); Barham for Barnham, (Kirk v. Suttle, 6 Ala. 681); Crawley for Crowley, (12 Ass. PI. 2); Anstry for Anestry, (Bro. Var. 20) ; Shutliff for…
1Opinion of the CourtChilton, J.
The plain tiffin error was indicted by the name of Isaac L. Edmindson, for an assault and battery upon one Nathaniel Hancock. He pleaded in abatement that his true name was Isaac Edmundson. A demurrer was sustained to his plea; after which, by leave, he pleaded not guilty, and thereupon came a jury, who found the issue against him, and assessed his fine at one cent, for which the court rendered judgment. It is insisted that this judgment is erroneous, because — 1. The names Edmindson and Edmundson are not idem sonans. The counsel for the plaintiff has referred us to a number of cases, which…
2Cases cited2 opinions
- Franklin v. TalmadgeNew York Supreme Court · 1809
- Roosevelt v. GardinierNew York Supreme Court · 1824
3Cited by26 opinions
- Grant v. StateSupreme Court of Alabama · 1876
- Mudge v. TreatSupreme Court of Alabama · 1876
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Roberts v. MosierSupreme Court of Oklahoma · 1913
- Rooks v. StateSupreme Court of Alabama · 1887
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