Elbert v. Wilmington Turngemeinde

Citations

• 30 Del. 355
• 7 Boyce 355
• 107 A. 215
• 1919 Del. LEXIS 7

Syllabus

<p>1. Parties—Misnomer—Plea in Abatement—Amendment.</p> <p>Misnaming plaintiff or defendant in an action is ground for plea in abatement, but not for defeating the action if the misnamed party is clearly identified, in which case plaintiff will be allowed to amend.</p> <p>2. Parties—Misnomer—Objection.</p> <p>A misnomer must always be pleaded, and in the settled order of pleading, except for matter arising after commencement of the action, or without the knowledge of defendant at the time of the pleading.</p> <p>3. Judgment—Arrest—Misnomer of Corporation.</p> <p>A corporation defendant cannot take advantage of a misnomer in arrest of judgment but must plead it in abatement.</p> <p>4. Evidence—Misnomer of Grantee—Extrinsic Evidence.</p> <p>In case of misnomer of a grantee, evidence aliunde the deed is competent to identify the actual grantee.</p> <p>5. Corporations—Deeds—Misnomer of Corporate Grantee.</p> <p>Deed to “The Wilmington Turngemeinde” conveyed title to “Wilmington Turngemeinde,” the proper name of the corporation, since misnomer of a corporate grantee does not defeat the grant if its identity is manifest and the corporation áccepts the deed as delivered.</p>