Mistake in name; the giving an incorrect name to a person in a pleading, deed, or other instrument. 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. … [Read more...]

Improper or unlawful conduct. 2. A party guilty of misbehavior; as, for example, to threaten to do injury to another, may be bound to his good behavior and thus restrained. See Good Behavior. 3. Verdicts are not infrequently set aside on the ground of misbehavior of jurors; as, when the jury take out with them papers which were not given in evidence, to the prejudice of one of … [Read more...]

An error or falsity In the description of the subject matter of a contract which deceives one of the parties to his injury, or is misleading In a material or substantial point. … [Read more...]

Pleading incorrectly, or omitting anything in pleading which is essential to the support or defence of an action, is so called. 2. Pleading not guilty to an action of debt, is an example of the first; and when the plaintiff sets out a title not simply in a defective manner, but sets out a defective title, is an example of the second. … [Read more...]

It is usual in considering the state of a testator at the time of making his will, to ascertain whether he was of sound mind and memory; that is, whether he had capacity to make a will. These words then import capacity, ability. … [Read more...]