KFLCC Kingdom Law 2nd Ed.

588

IDIOTA INQUIRENDO

IDEM EST SCIRE

IDENTITY. In the law of evidence. Sameness; the fact that a subject, person, or'thing before a court is the same as it is represented, claimed, or charged to be. See Burrill, Circ. Ev. 382, 453, 631, 644. In patent law. Such sameness between two designs, inventions, combinations, etc., as will constitute the one an infringement of the patent granted for the other. To constitute "identity of invention," and therefore infringement, not only must the re sult obtained be the same, but, in case the means used for its attainment is a combination of known elements, the elements combined in both cases must be the same, and combined in the same way, so that each element shall per form the same function; provided that the dif ferences alleged are not merely colorable ac cording to the rule forbidding the use of known equivalents. Electric Railroad Signal Co v. Hall Railroad Signal Co., 114 U. S. 87, 5 Sup. Ct. 1069, 29 L. Ed. 96; Latta v. Shawk, 14 Fed. Cas. 1188. "Identity of design" means sameness of appearance, or, in other words, sameness of effect upon the eye,—not the eye of an expert, but of an ordinary intelligent ob server. Smith v. Whitman Saddle Co., 148 U. S. 674, 13 Sup. Ct 768, 37 L. Ed. 606. Lat. Therefore it is considered. These were the words used at the beginning of the entry of judgment in an action, when the forms were in Latin. They are also used as a name for that portion of the record. A division of time among the Romans. In March, May, July, and Octo ber, 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 breviary. Wharton. Grseco-Lat. In the civil law. An instrument privately executed, as distinguished from such as were executed before a public officer. Cod. 8, 18, 11; Cal vin. IDEO. Calvin. IDEO CONSIDERATUM EST. La t Therefore. IDES. IDIOCHIRA.

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

Idem est scire ant scire debere ant potuisse. To be bound to know or to be able to know is the same as to know. The same for the same. An illustration of a kind that really adds no additional element to the considera tion of the question. IDEM PER IDEM.

Idem

semper

antecedent!

proximo

refertnr.

Co. Litt. 685. "The same" is

always referred to its next antecedent.

IDEM SONANS. Sounding the same or alike; having the same sound. A term ap plied to names which are substantially the same, though slightly varied in the spelling, as "Lawrence" and "Lawrance," and the like. 1 Cromp. & M. 806; 3 Chit Gen. Pr. 171. Two names are said to be "idem gonantes" if the attentive ear finds difficulty in distinguish ing them when pronounced, or if common and long-continued usage has by corruption or ab breviation made them identical in pronuncia tion. State v. Grime, 118 Mo. 188, 23 S. W. 878. The rule of "idem sonans" is that abso lute accuracy in spelling names is not required in a legal document or proceedings either civil or criminal; that if the name, as spelled in the document, though different from the correct spelling thereof, conveys to the ear, when pro nounced according to the commonly accepted methods, a sound practically identical with the correct name as commonly pronounced, the name thus given is a sufficient identification of the individual referred to, and no advantage can be taken of the clerical error. Hubner v. Reick hoff, 103 Iowa, 368, 72 N. W. 540, 64 Am. St. Rep. 191. But the doctrine of "idem sonans" 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 op posite party to his prejudice. State v. White, 34 S. C. 59, 12 S. E. 661, 27 Am. St. Rep. 783. Proof of identity; the proving that a person, subject, or ar ticle before the court is the very same that he or it is alleged, charged, or reputed to be; as where a witness recognizes the prisoner at the bar as the same person whom he saw committing the crime; or where handwrit ing, stolen goods, counterfeit coin, etc., are recognized as the same which once passed under the observation of the person identi fying them. Identitas vera colligitnr ex mnltitn dine sign.ornm. True identity is collected from a multitude of signs. Bac. Max. In English law. An aacient writ (now obsolete) which lay for one taken and arrested in any per sonal action, and committed to prison, by mistake for another man of the same name. Fitzh. Nat Brev. 267. IDENTIFICATION. IDENTITATE NOMINIS.

IDIOCY.

See INSANITY.

IDIOT. A person who has been without understanding from his nativity, and whom the law, therefore, presumes never likely to attain any. Shelf. Lun. 2. See INSANITY.

IDIOTA.

In the civil law.

An un

Cal

learned, illiterate, or simple person.

vin.

A private man; one not in office.

In common law. An idiot or fool. IDIOTA INQUIRENDO, WRIT DE. This is the name of an old writ which di rects the sheriff to inquire whether a man be an idiot or not. The inquisition is to be made by a jury of twelve men. Fitzh. Nat Brev. 232. And, if the man were found an Idiot, the profits of his lands and the cus tody of his person might be granted by the