A name is accepted if it errs not in substance.

Explanation

(English-origin maxim.) A misnomer that does not alter the substance of the name will not defeat a legal proceeding — if the person or thing intended is otherwise clear, an immaterial error in the name is disregarded.

Where this applies

• A summons names the defendant as "Jon Smith" instead of "John Smith," but the court refuses to dismiss the case because the misnomer does not alter the substance of who is being sued.
• A deed conveys property to "Mary Jonson" when the buyer's legal name is "Mary Johnson"; the court upholds the deed because the error is immaterial and the intended party is clear.
• An indictment spells the defendant's middle name wrong, but the court allows it to stand because the person intended is obvious and the error does not go to substance.