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Harper's Encyclopedia of United States History (ed. Benson Lossing), John doe and Richard Roe, (search)
John doe and Richard Roe, Names used in legal fictions, especially as standing pledges for the prosecution of suits. In early times real and substantial persons were required to pledge themselves to answer to the crown for an amercement, or fine, set upon the plaintiff, for raising a false accusation, if he brought action without cause, or failed in it; and in 1285, 13 Edward I., sheriffs and bailiffs were, before deliverance of a distress, to receive pledges for pursuing a suit, and for the return of the property, if awarded. But this becoming a matter of form, the fictitious names of Doe and Roe were used until the form was abolished by the common-law procedure act, 1852. In the United States these names are used in place of the unknown real names of parties against whom legal proceedings have been undertaken; and the form Jane Doe is similarly applied in cases of women.