identitate nominis

from Bouvier's Law Dictionary, Revised 6th Ed (1856)
IDENTITATE NOMINIS, Engl. law. The name of a writ which lies for a person 
taken upon a capias or exigent and committed to prison, for another man of 
the same name; this writ directs the sheriff to inquire whether he be the 
same person against whom the action was brought, and if not, then to 
discharge him. F. N. B. 267. In practice, a party in this condition would be 
relieved by habeas corpus. 
    

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