Idem sonans

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Idem sonans, having the same sound (as sames sounding alike but having different spelling)

"With respect to names the phrase "idem sonans" means "of the same sound". The general rule is that the law (Public) does not regard the spelling of names as much as it does their sound.

Great latitude is allowed in the pronunciation and spelling of proper names, since proper names are often spelled differently, although pronounced the same (Terry-Terri).

"If they sound alike, or even if common usage (widely known) has made their pronunciation identical, they are regarded as the same and a variance in their spelling is immaterial, unless it is such as misleads a person to his prejudice, or the misspelling transforms the name into a wholly distinct appellation." - 65 C.J.S. 14 (a), Names, pg. 36.

Further, "according to the body of law" (C.J.S.) there is only one test of names known as "Idem Sonans". This test is well beyond the authority of any judge. This means "because we say so, is an unlawful, infantile, and frivolous defense to using fictitious names. As a matter of fact, the "body of law" states the following:

"The question of idem sonans is essentially a question of fact.

"Generally (constitutionally) it is a question of fact for the jury to decide under proper instructions from the court (See; Rule 201(d), Fed. R. Evid.), and it takes a very fair case to give it application as a matter of law." - Rodriguez vs State, 363 S.W. 2d 472; Jones vs. State, 27 S.W. 2d 653.

"The question whether or not names are idem sonans, is properly a question for the jury? It has been held that the question is for the jury where it arises on the evidence [Rule 201(d)]." - 65 C.J.S. Names, 16, pg. 51.

For an alleged judge to state that it is his opinion that John and JOHN are the same, is called the federal and state felony known as "Practicing Law from the Bench”, especially when this alleged judge finds it impossible to produce any positive proof, whatsoever, to prove his opinion, like an original signature of JOHN, or even merely the physical presence of JOHN.

In all "Court's" headings, we find that the secret, concealing, fictitious, foreign, unofficial language of "INITIALISM" is used extensively. As this is a foreign language, the law provides the procedures needed for its interpretations. [1]

  1. DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff, Vs. DONALD JOE BARBER,BRENDA G. BARBER, Defendant.