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Rule Iv the Pleadings Must Specify the Names of Persons


RULE IV THE PLEADINGS MUST SPECIFY THE NAMES OF PERSONS. Another rule to produce certainty in the issue is, the pleadings must specify the names of persons. This rule applies to the parties to the suit. Each must be described by the true Christian and surname, and if either be mistaken or omitted, it is ground for plea in abatement. So names of dignity are equally import ant.

So the rule applies to all other persons mentioned in the pleadings with the exception that if the names of any such be not known to the pleader, he should so state, in which case the omission is excused.

Mistake in the name of a party is ground for plea in abatement only ; but a mistake in the name of any other is fatal.