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Misnomer not to be pleaded in Abatement.
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XI. And be it further enacted, That no Plea in Abatement for a Misnomer shall be allowed in any Personal Action, but that in all Cases in which a Misnomer would but for this Act have been by Law pleadable in Abatement in such Actions, the Defendant shall be at liberty to cause the Declaration to be amended at the Costs of the Plaintiff, by inserting the right Name, upon a Judge’s Summons founded on an Affidavit of the right Name; and in case such Summons shall be discharged, the Costs of such Application shall be paid by the Party applying, if the Judge shall think fit.
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