Page:Black's Law Dictionary (Second Edition).djvu/596

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IDEM EST SOIRE

same; it is not a defect of the law, but of proof.

Idem est lcire an-it sch-c debere ant potnisse. To be bound to know or to be able to know is the same as to know.

IDEM Pl-IR IDEM. The same for the same An illustration of a kind that really adds no additional element to the consideration of the question.

Idem temper nnteccdenti proximo refertllr. Co. Litt. 685. "The same" is al\\a_\s referred to its next antecedent.

IDEM SONANS. Sounding the same or alike; having the same sound. A term opplled to names which are substautiaily the same, though sllglitiy varied in the spcliing, as "Lawrence" anti "J'.:iwi-once." and the like. 1 Cronip. 3: lil 806; 3 Chit. Gen. Fr. 17].

Two names are said to be "idem saturates" if the attentive ear finds dithenlty in distinguishing them when pronounced, or if common and long-continued usage has by corruption or ah- breviation made them identical in pronunciation. State v. Griifie. 118 Mo. 188, 23 S. W. 878. The rule of "idem saunas" is that absolute aemirary in spelling names is not required in a legal document or proceedings either civil or criminai; that if the name, as spelled in the document. though ditferent from the correct spelling thereof. conveys to the ear, when pro- nounced according to the commonly accepted methods, a sound practically identical with the C0f[‘4.‘Lt name as commonly pronounced, the name thus given is a sufiicient identification of the individual referred to, and no advantage can be taken of the clerical error. Hubner v. Reich- hoif, 103 Iowa, 368, 72 N. W. 540. 64 Am. St. Rep. 191. But the doctrine of ‘idem savanna" has been much enlarged by modern decisions, to conform to the growing rule that a variance, to be material. must be such as has misled the opposite énirty to his prejudice. State v. W'hite, 34 S. . 59, 12 S. E. 661, 27 Am. St. Rep. 783.

IDENTIFICATION. Proof of identity: the proving that a person. subject, or article before the court ls the very same that he or it is alleged, charged, or reputed to be; as where a witness recognizes the prisoner at the liar as the same person whom he saw committing the crime; or Where h“m(l\vrit— i.ng, stolen goods, counterfeit coin, etc.., are recognized as the same which once passed under the observation of the person identi- fying them.

Identitu Vera colligitrir ex multitu- dine signorum. True identinv is collected from a multitude of signs. Bac. liinx.

IDENTITATE NOMINIS. In English law. An ancient writ (now obsoiete) vrhidi lay for one taken and arrested in any personal action, and committed to prison, by mistake for another man of the same mime. Fitzh. Nat. Brev. 267.

588

IDIOTA INQUIRENDO

IDENTITY. In the law of evidence. sameness; the fact that a subject, person, or thing before a couit ls the same as it is l'('[il‘i3St'nI‘.('d, claimed, or charged to be. See Burrill, Circ. Ev. 3S2, 453, (3.31, 644.

In patent law. such sameness betsve-n two designs inventions, cninblnannns, mi. as will constitute the one .in iniiingemeui; of the patent granted for the other.

To constitute "identity of invention," and therefore infringement, not only must the result obtained be the same, but, in mic tin‘ means used for its attainment is a C("ii‘iilTi[i1’I of hnown elements, the eiements (uinliin-:i nl both cases must be the same, 'll.lli combined 14 the some way, so that each """nent shall [2 form the same function; pl'UVll.iLd that the d - ferences alleged are not merely coiomhle according to the rule forbidding the u -: of known equivalcnts. Electric Itaili-oarl Signal ('0. 1'. Hall Railroad Signal Co , 114 U. S. 87, 5 Srp. Ct. 1089, 29 L. Ed 96; Laita v. ‘ash, N Fed. Cas. 1188. "Identity of design’ means sameness of nppearance, or. in other words sameness of effect upon the eve.-not the eye of an expert, but of an ordinary intciiigent ob- server. Smith v. Wliitman Saddle (‘o., 143 U. S. 674, 13 Sup. Ct. 768, 37 L. Ed. (SOIL

IDEO. Int. Therefore. Galvin.

IDEO CONSIDERATUM EST. Lat. Therefore it is consideied. Tlicse were the words used at the beginning of the entry of judgment in an action, when the forms ucie in Latin. They are also used as a name tor that poriion of the record.

IDES. A division of time among the Romans. In March, May, July, and Octo- her, the Ides were on the 15th of the month; in the remaining months, on the 13th. This method of reckoning is still retained in the chancery of Rome, and in the calendar of the hreviary. Wharton.

IDIOCI-IIRA. Grseco-Int. In the clvii law. An instrument privately executed. us distinguished from such as were execul-all before a public officer. Cod. 8, 18, 11; Cai-

vin. IDIOCY. See INSANITY. IDIOT. A person who has been without

understanding from his n.'iti\ity, and \\ him: the iaiv, therefore. presumes never iil:elv to attain any. Shelf. Lun. 2. See Insmvrrr

IDIOTA. In the civil law. learned. iilitcrate, or simple person vin. A private man; one not in ollice.

An idlot or tool.

An un- Cai-

In common law.

IDIOTA INQUIRENDO, WRIT DE. This is the name of an old writ which di- rects the sheriff to inquire Wh('th€l' a man be an idiot or not. The inquisitioii is to lie made by a jury of twelve men. Fitzh. Nat. Brev. 232. And, it the man were found an

idiot, the profits of his lands and the custody of his person might be granted by the