Posted by MARTIN on September 20, 1998 at 01:23:21:
In Reply to: we did our best to litigate these questions posted by Paul Andrew Mitchell, B.A., M.S. on September 15, 1998 at 12:33:03:
11. When a person uses a name in making a contract under seal, he will not be permitted to say that it is not his name; as, if he sign and seal a bond " A and B," (being his own and his partner's name,) and he had no authority from bis partner to make such a deed, he cannot deny that bis name is A. & B. 1 Raym. 2; 1 Salk. 214.
And if a man describes himself in the body of a deed by the name of James and signs it John, he cannot, on being sued by the latter name, plead that his name is James. 3 Taunt. 505; Cro. Eliz. 897, n. a. Vide 3 P. & D. 271; 11 Ad. & L. 594.
The above # 11 is important. If you sign a document in which your name is misnomered (initialed or all uppercase) you can not plead that you are not the "legal fiction" created by law or not that person.
: Howard Freeman was convinced that federal
: municipal law is now following in the
: tradition of Roman Civil Law, e.g.
: Roman numerals are I, II, III, IV, V;
: Roman letters are SENATUS POPULUSQUE ROMANUM
: (aka SPQR), "the Senate and the People of Rome."
: Other authors have contended that a name
: spelled in ALL CAPITAL letters is, by law,
: a "nomme de guerre" (or "name of war" in
: French). I do not believe that "nom" is
: the correct spelling, in proper French;
: it may be French slang for "nomme".
: We tested this theory, directly, in the
: case of USA v. LOOKER, in which one of
: the pleadings challenged the jurisdiction
: of the court -- for presuming standing
: by the "UNITED STATES OF AMERICA" [sic].
: Not only did we challenge the lawful
: standing of this party; we also
: challenged the right of the USDC to
: proceed against LOOKER, when he has
: never spelled his last name in that manner.
: Simply put, that court was proceeding
: against the wrong Proper Party.
: The outcome should go a long way towards
: explaining what happened: quite suddenly,
: Looker turned on me, having been persuaded
: to trash every single pleading which he had
: already signed and filed on his own behalf.
: I was stiffed for more than $7,000 in work,
: after his pastor "gave me his word" that I
: would be paid.
: I believe that the attorneys which surrounded
: him during his initial incarceration, were
: frankly unable to avoid the likely consequences
: of actually litigating these questions, so they
: did an end run around them instead.
: The cat was out of the bag, so to speak.
: To locate the pleadings in question, use
: Alta Vista to search for "nomme de guerre"
: and then sort the results by focusing on
: the pleadings in USA v. Looker, in the
: Supreme Law Library.
: Admittedly, that was our first attempt to
: put these issues into formal court pleadings,
: using formal English grammar and spellings,
: so I for one would appreciate any and all
: constructive criticisms.
: /s/ Paul Andrew Mitchell, B.A., M.S.
: Counselor at Law, Private Attorney General
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