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," 1000�, 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.