Miller v. Miller

Court of Appeals of Kentucky

Miller v. Miller

8 Ky. Op. 41, 1874 Ky. LEXIS 336

DecidedSeptember 11, 1874

StatusPublished

This text of 8 Ky. Op. 41 (Miller v. Miller) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Miller, 8 Ky. Op. 41, 1874 Ky. LEXIS 336 (Ky. Ct. App. 1874).

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Opinion

Opinion by

Judge Peters :

The facts alleged do not indicate that appellee, in preparing his sign, attempted to simulate to that of appellant. They are not identical, but as dissimilar as they reasonably could be, in view of the fact that the initials of the Christian names, and the surnames of the parties are the same, and that they are engaged in the same occupation. A person seeking the place of business of appellant would be much more likely to be deceived by the identity of their surnames, than by the similarity of the residue of their signs. Therefore, to afford appellant the relief he seeks, it would be necessary to require appellee to change his name or his occupation, which is wholly beyond the power of the court.

The judgment must be affirmed.

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Opinion by

Judge Peters :

The facts alleged do not indicate that appellee, in preparing his sign, attempted to simulate to that of appellant. They are not identical, but as dissimilar as they reasonably could be, in view of the fact that the initials of the Christian names, and the surnames of the parties are the same, and that they are engaged in the same occupation. A person seeking the place of business of appellant would be much more likely to be deceived by the identity of their surnames, than by the similarity of the residue of their signs. Therefore, to afford appellant the relief he seeks, it would be necessary to require appellee to change his name or his occupation, which is wholly beyond the power of the court.

The judgment must be affirmed.

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Bluebook (online)

8 Ky. Op. 41, 1874 Ky. LEXIS 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-miller-kyctapp-1874.