idem sonans

idem sonans
The same sound. The doctrine, applicable in all legal proceedings, that the use of a name being merely to designate the person intended, such object is fully accomplished where the name given to him has the same sound as his true name. State v Wahl, 118 Kan 771, 236 P 652. The doctrine that in all proceedings, whether civil or criminal, a mistake in spelling the name of a party is immaterial if both the correct and the incorrect mode of spelling has the same sound. Bennett v Winegar, 103 Neb 843, 174 NW 512. A doctrine applied in determining the effect of mistakes as to the names of parties in entering, docketing, and indexing of judgments, with the result that if two names may be sounded alike without doing violence to the power of the letters formed in the variant orthography, the variance is immaterial. 30A Am J Rev ed Judgm § 111. Names are idem sonans if the attentive ear find difficulty is distinguishing them when pronounced, or if common and long-continued usage has by corruption or abbreviation made them identical in pronunciation. 38 Am J1st Name § 36.

Ballentine's law dictionary. . 1998.

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  • idem sonans — idem so·nans / sō ˌnanz, ˌnänz/ adj [Latin, sounding the same]: relating to or being two names having the same or similar pronunciation or sound the two names are not idem sonans Johnson v. Estelle, 704 F.2d 232 (1983) the idem sonans test… …   Law dictionary

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  • idem sonans — /aydam sownabnz/ Sounding the same or alike; having the same sound. A term applied to names which are substantially the same, though slightly varied in the spelling, as Lawrence and Lawrance, and the like. State v. Culbertson, 6 N.C.App. 327, 170 …   Black's law dictionary

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  • sonans — See idem sonans …   Ballentine's law dictionary

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