misnomer


Also found in: Dictionary, Thesaurus, Wikipedia.

misnomer

n. the wrong name.

misnomer

noun error in naming, misapplied name, miscalling, misnaming, misterm, wrong designation, wrong name

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.

References in periodicals archive ?
A major way misnomers can be applied to criminal cases is when attorneys make motions for their clients waiving the client's right to be truly named (as permitted by New York Lawyer's Code of Professional Responsibility, Disciplinary Rule DR 7-101 [NYCRR Sec.
which would allow financing of LTC premiums with above-the-line tax deductions and other incentives, the Craig bill will likely languish in Congress's election year hopper (a misnomer, if ever there was one).
This is not only a misnomer, but an attempt to banish the word "Mass" from our language.
The term nasal glioma is a misnomer because such a mass is not a true neoplasm; it is actually made up of ectopic nerve tissue that contains neuroglial elements, with glial cells in a connective tissue matrix with or without connection to the subarachnoid space or dura.
While some companies tout themselves as Internet insurance firms, the term is a slight misnomer.
Despite this misnomer, a Bible that speaks solely to their predicament is clearly necessary and justifiable because African-American men face particular faith challenges separate from other men of color.
The term "noncontributory" for civil service pensions is a misnomer.
The pepper misnomer came into existence by the simple mistake of confusing the chili plant for a black pepper plant.
Even clear and convincing evidence that "pedophile rings" was a misnomer and that the satanic cults' scourge was largely fictitious has not slowed the wider preoccupation with child sexual abuse.
As for the increasingly shrill voices of "progressives," one must consider that a misnomer, seeing as how they are in favor of a regressive approach to government--mainly, that of total control over its subjects.
Or is religion instead an antiquated, ontotheological misnomer, which is inappropriately ascribed to the areas of literary criticism, art, economics, and psychology?
Even as scientists fine-tune the emergency contraception pill, the misnomer attached to Yuzpe's discovery still stands as a classic in medical science.