Extracted From:
  A LAW DICTIONARY ..., SIXTH EDITION, 1856
  by John Bouvier
  CHILDS & PETERSON, PHILADELPHIA

NAME. One or more words used to distinguish a particular individual, as
Socrates, Benjamin Franklin. 

   The Greeks, as is well known, bore only one name, and it was one of the
especial rights of a father to choose the names for his children and to alter
them if he pleased. It was customary to give to the eldest son the name of the
grandfather on his father's side. The day on which children received their names
was the tenth after their birth. The tenth day, called 'denate,' was a festive
day, and friends and relatives were invited to take part in a sacrifice and a
repast. If in a court of justice proofs could be adduced that a father had held
the denate, it was sufficient evidence that be had recognized the child as his
own....
   Among the Romans, the division into races, and the subdivision of races into
families, caused a great multiplicity of names. They had first the pronomen,
which was proper to the person; then the nomen, belonging to his race; a surname
or cognomen, designating the family; and sometimes an agnomen, which indicated
the branch of that family in which the author has become distinguished. Thus,
for example, Publius Cornelius Scipio Africanus; Publius is the pronomen;
Cornelius, the nomen, designating the name of the race Cornelia; Scipio, the
cognomen, or surname of the family; and Africanus, the agnomen, which indicated
his exploits. 
   Names are divided into Christian names, as, Benjamin, and surnames, as,
Franklin. 
   No man can have more than one Christian name ... though two or more names
usually kept separate, as John and Peter, may undoubtedly be compounded, so as
to form, in contemplation of law, but one.... A letter put between the Christian
and surname, as an abbreviation of a part of the Christian name, as, John B.
Peterson, is no part of either....
   In general a corporation must contract and sue and be sued by its corporate
name; ... yet a slight alteration in stating the name is unimportant, if there
be no possibility of mistaking the identity of the corporation suing....
   It sometimes happens that two different sets of partners carry on business in
the same social name, and that one of the partners is a member of both firms.
When there is a confusion in this respect, the partners of one firm may, in some
cases, be made responsible for the debts of another....
   It is said that in devises if the name be mistaken, if it appear the testator
meant a particular corporation, the devise will be good; a devise to "the
inhabitants of the south parish," may be enjoyed by the inhabitants of the first
parish....
   As to names which have the same sound, see Bac. Ab. Misnomer, A; 7 Serg &
Rawle, 479; Hammond's Analysis of Pleading, 89; 10 East. R. 83; and article Idem
Sonans.... 
   When a person uses a name in making a contract under seal, he will not be
permitted to say that it is not his name; as, if he sign and seal a bond "A and
B," (being his own and his partner's name,) and he had no authority from his
partner to make such a deed, he cannot deny that his name is A & B....
   And if a man describes himself in the body of a deed by the name of James and
signs it John, he cannot, on being sued by the latter name, plead that his name
is James....

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