Does the All Capital Letter NAMES Matter?

It is the locus of the offense which determines jurisdiction, not the offense committed. People v. Godfrey (Cir.1880), 17 Johns, 225, 223 (N.Y. 1819)

Definition: lo·cus (l½“k…s) n., 1. A locality; a place.

Bouvier’s Law Dictionary, 8thed., pg. 2287 – “The omission of the Christian name by either plaintiff or defendant in a legal process prevents the court from acquiring jurisdiction, …”

Gregg’s Manual of English: “A name spelled in all capital letters or a name initialed, is not a proper noun denoting a specific person, but is a fictitious name, or a name of a dead person, or a nom de guerre.”

“Complaint must identify at least one plaintiff by true name; otherwise no action has been commenced.” Roe v New York (1970, SD NY) 49 FRD 279, 14 FR Serv 2d 437, 8 ALR Fed 670.

(The reasoning behind a true name is that neither a State, nor the United States, can pick up a pencil or sneeze, being nothing more than a “piece of paper”. They cannot, therefore, assume the liability of actions nor write a complaint. All activities carried on by governmental agencies are carried out by its agents and actors.)

The Supreme Court case, Monroe Cattle Co. v. Becker, 147 U.S. 47 (1893) says: Defendant was impleaded by the name of A. W. Becker. Initials are no legal part of a name, the authorities holding the full Christian name to be essential. Wilson v. Shannon, 6 Ark. 196; Norris v. Graves, 4 Strob. 32; Seely v. Boon, 1 N. J. Law, 138; Chappell v. Proctor, Harp. 49; Kinnersley v. Knott, 7 C. B. 980; Turner v. Fitt, 3 C. B. 701; Oakley v. Pegler, (Neb .) 46 N. W. Rep. 920; Knox v. Starks, 4 Minn. 20, (Gil. 7 Kenyon v. Semon, (Minn.) 45 N. W. Rep. 10; Beggs v. Wellman, 82 Ala. 391, 2 South. Rep. 877; Nash v. Collier, 5 Dowl. & L. 341; Fewlass v. Abbott, 28 Mich. 270.

The United States Government Printing Office Style Manual clearly defines the rules of grammar for recording of a proper noun in Chapter 3.2, Capitalization.  “Proper nouns are capitalized [examples given] Rome, Brussels, John Macadam, Macadam family, Italy, and Anglo-Saxon.”  It further defines, in Chapter 11.7, that “Names of vessels are quoted in matter printed in other than lower case roman…[examples given are] LUSITANIA [or] Lusitania.”

Black’s Law DictionaryFictitious Name“: “A counterfeit, alias, feigned, or pretended name taken by a person, differing in some essential particular from his true name (consisting of Christian name and patronymic), with the implication that it is meant to deceive or mislead.”

Oxford Dictionary:

  • nom“: Used in expressions denoting a pseudonym, a false or assumed name.
  • Nom de guerre“: War name. A name assumed by or assigned to a person engaged in some action or enterprise.
  • Guerre“: War, and as a verb, to wage war.

The U.S. Government Style Manual, Chapter 3 requires only the names of corporate and other fictional entities, or those serving in corporate capacities to be in all capitalized letters.

Fictitious names exist for a purpose. Fictions are invented to give courts jurisdiction. Snider v. Newell 44 SE 354.

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