Misnomer - Law Dictionary Search Results
Home Dictionary Name: misnomerMisnomer
Misnomer, a wrong name. Nil facit error nominis cum de corpore vel persona constat. 11 Rep. 21.--(A mistake in the name does not matter when there is no mistake in the body or person.)Misnomers in civil proceedings are curable under R.S.C. 1883, Ord. XXVIII., and misnomers in criminal pleadings by 7Geo. 4, c. 64, s. 19.As to misnomer of a juror, see Reg. v. Mellor, (1858) Dears. & B. 468...
misnomer
misnomer [Anglo-French mesnomer, from mesnomer to misname, from Middle French mes- wrongly + nommer to name, from Latin nominare, from nomin- nomen name] : the misnaming of a person in a legal document or proceeding (as in a complaint or indictment) ;specif : the institution of proceedings against and service of process on the correct party using the incorrect name compare idem sonans NOTE: Amendment of the pleadings is generally allowed in cases of misnomer. ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
idem sonans
idem sonans [Latin, sounding the same] : relating to or being two names having the same or similar pronunciation or sound [the two names are not idem sonans "Johnson v. Estelle, 704 F.2d 232 (1983)"] [the idem sonans test] compare misnomer NOTE: An idem sonans name allows a pleading or other document (as a warrant) to be considered valid despite the minor misspelling of a name or other misidentification of a party (as in identifying a corporation as a partnership). The fact that two trademarks are idem sonans may be used to establish the likelihood of confusion on the part of consumers in a trademark infringement case. ...
Misnomer
The misnaming of a person in a legal instrument as in a complaint or indictment any misnaming of a person or thing a wrong or inapplicable name or title...
General custom of the Punjab
General custom of the Punjab, General custom - 'the general custom of the Punjab' is inaccurate. Plowden J., in Ralla v. Budha, 50 Pun Re 1893 at p. 223 said, 'it seems expedient to point out that there is strictly speaking no such thing as a custom or a general custom of the Punjab, in the same sense as there is a common law of England, - a general custom applicable to all persons throughout the province, subject (like the English common law) to modification in its application, by a special custom of a class, or by a local custom.' Young C.J., said in Mt. Simon v. Shahu, ILR 17 Lah 10 (11): AIR 1935 Lah 93, 'There is no such thing as general customary law known to the Legislature.' In Kesar Singh v. Achhar Singh, ILR 17 Lah 101 (106): AIR 1936 Lah 68 (69), Addison A.C. J. said that the expression 'general custom of the Punjab' was clearly a misnomer. Ujagar Singh & Co. v. Jeo, AIR 1959 SC 1041 (1044): 1959 Supp (2) SCR 781....
Idem sonans
Idem sonans (sounding alike). A wrong or unsuit-able name. The courts will not set aside proceed-ings on account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph Henry Thorne and William Thorniley, having both been on the panel, William Thorniley had by mistake answered to the name of Joseph Henry Thorne, and been sworn. Seven judges to six held that the conviction ought not to be set aside, two of them only on the ground of want of jurisdiction in the Court for Crown Cases Reserved (see CROWN CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER....
Oriental mixture
Oriental mixture, the word 'oriental mixture' is a misnomer, because this is merely a technical terminology or just another name for what is known in the commercial world as manganese ore of an average on standard percentage of about 49%, Manganese Ore (India) Ltd. v. Regional Assistant Commissioner of Sales, AIR 1976 SC 410 (414): (1976) 4 SCC 124....
Vanaspati and oil
Vanaspati and oil, Vanaspati, is essentially an oil although it is a different kind of oil than than oil (be it rapeseed oil, cottonseed oil, ground-nut oil, soya-been oil or any other oil) which forms its basic ingredient. Oil will remain oil if it retains its essential properties and merely because it has been subjected to certain processes would not convert it into a different substance. In other words, although certain additions have been made to and opera-tions carried out on oil, it will still be classified as oil essential characteristics have undergone a change so that it would be a misnomer to call it oil as understood in ordinary parlance, Champaklal H. Thakkar v. State of Gujarat, AIR 1980 SC 1889 (1891): (1980) 4 SCC 329. (Minimum Wages Act, 1948, Sch. II, Item 5)...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial