misnomer

n. inappropriate name; use of a wrong name

A misnomer is a term which suggests an interpretation that is known to be untrue. Such incorrect terms sometimes derived their names because of the form, action, or origin of the subject—becoming named popularly or widely referenced—long before their true natures were known. Some of the sources of misnomers are:An older name being retained as the thing named evolved (e.g., pencil lead, tin can, fixed income markets, mince meat pie, steamroller). This is essentially a with the older item standing for anything filling its role. A particular example is transference of a well-known brand name into a generic sense. (Xerox for photo-copy)An older name being retained even in the face of newer information (e.g., Chinese checkers, Arabic numerals).A name being based on a similarity in a particular aspect (e.g. Shooting Stars (Meteoroids) look like stars from Earth, the settled portions of Greenland are greener than the rest)A difference between popular and technical meanings of a term. For example, a koala "bear" (see below) looks and acts much like a bear, but from a zoologist's point of view it is quite distinct and unrelated. Similarly, fireflies fly like flies, ladybugs look and act like bugs. Botanically, peanuts look and taste like nuts and palm trees are classified scientifically as related to grass. The technical sense is often cited as the "correct" sense, but this is a matter of context.Ambiguity (e.g., a parkway is generally a road with park-like landscaping, not a place to park). Such a term may seem misleading at first blush.Association of a thing with a place other than one might assume. For example, Panama hats are made in Ecuador, but came to be associated with the building of the Panama Canal.Naming peculiar to the originator's world view.An unfamiliar name (generally foreign) or technical term being re-analyzed as something more familiar.Anachronisms, terms being applied to things that belong to another time, especially much later, such as the Dendera light interpretation of a mural from the Hathor Temple of Ancient Egypt.
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Noun
1. an incorrect or unsuitable name
(hypernym) name

(v. t.)
To misname.
  

(n.)
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.
  

The act of using a wrong name. Misnomers, may be considered with regard to contracts, to devises and bequests, and to suits or actions.

In general, when the party can be ascertained, a mistake in the name will not avoid the contract. Nihil facit error nominis, cum de corpori constat, is the rule of the civil law.

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," but, 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.

Misnomers in suits or actions, when the mistake is in the name of one of the parties, must be pleaded in abatement for the misnomer of one of the parties sued is not material on the general issue, when the identity is proved.

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. In indictments, the names of third persons must be correctly given.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.