MISNOME

1 definition found

From Bouvier's Law Dictionary, Revised 6th Ed (1856) [bouvier]:

  MISNOMER. The act of using a wrong name.
       2. Misnomers, may be considered with regard to contracts, to devises 
  and bequests, and to suits or actions. 
       3.-1. In general, when the party can be ascertained, a mistake in the 
  name will not avoid the contract. 11 Co. 20, 21; Lord Raym. 304; Hob. 125. 
  Nihil facit error nominis, cum de corpori constat, is the rule of the civil 


  law. 
       4.-2. Misnomers of legatees will not in general avoid the legacy, 
  when tho person intended can be ascertained from the context. Example: 
  Thomas Stockdale bequeathed "to his nephew Thomas Stockdale, second son of 
  his brother John Stockdale," 1000œ, John had no son named Thomas, his second 
  son was named William, and he claimed the legacy. It was determined, in his 
  favor, because the mistake of the name was obviated by the correct 
  description given of the person, namely, the second son of John Stockdale. 
  19 Ves. 381; S. C. Coop. 229; and see Ambl. 175; 3 Leon. 18; Co; Litt. 3 a; 
  Finch's R. 403; Domat l. 4, t. 2, s. 1, n. 22; 1 Rop. Leg. 131. 
       5.-3. Misnomers in suits or actions, when the mistake is in the name 
  of one of the parties, must be pleaded in abatement; 1 Chit. Pl. 440; 1 
  Mass. 76; 5 Mass. 97; 15 Mass. 469; 16 Mass: 146; 10 S. & R. 257; 4 Cowen, 
  R. 148; Coxe, 138; 6 Munf. 219; 2 Wash. C. C. R. 200; 2 Penna. R. 984; 5 
  Halst. R. 295; 1 Pen. R. 75, 137; 6 Munf. 580; 3 Caines, 170; 1 Tayl. R. 
  148; 8 Yerg. 101; Harp. R. 49; for the misnomer of one of the parties sued 
  is not material on the general issue, when the identity is proved. 16 East, 
  R. 110. 
       6. The names of third persons must, be correctly laid, for the error 
  will not be helped by pleading the general issue; but, if a sufficient 
  description be given, it has been held, in a civil case, that the misnomer 
  was immaterial. Example: in an action for medicines alleged to have been 
  furnished to defendant's wife, Mary, and his wife was named Elizabeth, the 
  misnomer was held to be immaterial, the word wife being the material word. 2 
  Marsh. R. 159. In indictments, the names of third persons must be correctly 
  given. Rose. Cr. Ev. R. 78. Vide, generally, 18 E. C. L. R. 149; 10 East, R. 
  83, n; Bac. Ab. h.t.; Dane's Ab. h.t.; 1 Vin. Ab. 7; 15 Vin. Ab. 466; 2 
  Phil, Ev. 2, note b; Bac. Ab. Abatement, D; Archb. Civ. Pl. 305; 1 Metc. & 
  Perk. Dig. Abatement, V; and this Dictionary, Abatement; Contracts; Parties 
  to Contracts; Parties to Actions.