As to the use of names having the same sound, see IDEM SONANS; 1 Over. 434. As to the effect of using a name hav- ing the same derivation, see 2 Rolle, Abr. 135; 1 Wash. C. C. 285. At common law one could change his name: 10 Fed. Rep. 894; 123 Mass. 415; 3 B. & Ald. 544; and a person not having a fraudulent or crim- inal purpose in so doing may enter into a contract by any name he may choose to as- sume; 74 N. W. Rep. (Minn.) 147; 38 Minn. 361; 42 N. Y. Super. Ct. 567; 31 N. C. 184; 31 Mo. 188. Under this rule, legal pro- ceedings against a married woman under an assumed name have been held good after judgment; 19 Kan. 522; and obli- gations incurred by or with third parties under her maiden name are mutually bind- ing; 73 Wis. 646; 96 Cal. 609; see Schoul. Dom. Rel. 40; although until a decree in divorce giving a married woman leave to resume her maiden name goes into effect, or widowhood is succeeded by a new mar- riage, she keeps her former husband's sur- name; 2 P. D. 263. A person, not having a fraudulent or criminal purpose in doing so, may enter in- to a contract by any name he may choose to assume; it is only a question of identity; 74 N. W. Rep. (Minn.) 147; 41 N. Y. Super. 567. A grant of land under an assumed name will pass title; and evidence is ad- missible to prove identity: 38 Minn. 361. When a person uses a name in making a contract under seal, he will not be per- mitted 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 his partner to make such a deed, he cannot deny that his name is A and B; 1 T. 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. P. & D. 271; 11 Ad. & E. 594; 19 Abb. N. C. 123. A man may sue by the name by which he has been known from childhood, instead of by that given him by his parents; 31 Wkly. Law Bul. 102. See 3 The right to the exclusive use of a name in connection with a trade or business is familiar to the law; and any person using that name, after a relative right of this description has been acquired by another, is considered guilty of a fraud, or at least an invasion of another's rights, and renders himself liable to an action, or he may be restrained from the use of the name by injunction. But the mere assumption of a name which is the patronymic of a family by a stranger who has never been called by that name is a grievance to the family for which the law affords no redress; L. R. 2 P. C. 441. See 11 Beav. 112; L. R. 2 Ch. 307. A name may be a trade-mark; L. R. 10 Ch. D. 436; 1 Eq. 518; 13 Beav. 209; 13 Am. Rep. 111. A person cannot, however, have an exclusive right of trade-mark in a name as against all others bearing the same name, and honestly using the name in competition, unless the defendant uses the same brand or stamp in connection with the name; 122 Mass. 139; 96 U. S. 245; 50 Barb. 236. Nor in the name of the city in which a thing is made; 44 Fed. Rep. 277. But such exclusive right to a name may be acquired as against a corporation called by the same name. See 11 Cent. L. J. 3; Poll. Torts 152; ELECTION; TRADE-MARK.