Gilligan v. Prudential Life Insurance

OPINION

By BARTLETT, J.

1. Misnomer is not fatal to the jurisdiction of the Court over the person of the defendant whose name is in issue, and such mistake in the name becomes a mere irregularity when the real party sought to be sued, answers to the merits at issue in the case.. 2. A plea in abatement because of misnomer is a personal defense of the party whose name is in issue, and may be waived by such party; and is not available as a defense to other parties not affected by such mistake in the name.

3. The purpose of pleadings is to define the issues to be determined in a given case and to…