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单词 IDEM SONANS
释义

Sounding the same or alike; having the same sound. A term appliedto names which are substantially the same, though slightly varied in the spelling, as”Lawrence” and “Lawronce,” and the like. 1 Cromp. & M. 800; 3 Chit Gen. Pr. 171.Two names are said to be “idem sonantes” if the attentive ear finds difficulty indistinguishing them when pronounced, or if common and long-continued usage has bycorruption or abbreviation made them identical in pronunciation. State v. Griffie, 118Mo. 188, 23 S. W. 878. The rule of “idem sonans” is that absolute accuracy in spellingnames is not required in a legal document or proceedings either civil or criminal; that ifthe name, as spelled in the document, though different from the correct spellingthereof, conveys to the ear, when pronounced according to the commonly acceptedmethods, 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 noadvantage can be taken of the clerical error. Huhner v. Iteick- hoff, 103 Iowa, 308, 72N. W. 540, 04 Am. St. Rep. 191. Rut the doctrine of “idem sonans” has been muchenlarged by modern decisions, to conform to the growing rule that a variance, to bematerial, must be such as has misled the opposite party to his prejudice. State v. White,34 S. C. 59, 12 S. E. 001, 27 Am. St. Rep. 783.

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更新时间:2024/10/27 7:30:28