Fiction

Anassumption or supposition of law that something which is or may be false is true, or that a state of facts exists which has never really taken place. H A fiction is arule ol law which assumes as true, and will not allow to be disproved, something which is false, but not impossible.

Best, Ev. 419.

These assumptions are of an innocent, or even beneficial character, and are made for the advanecment of the ends of justice. They secure this end chiefly by the extension of procedure from cases to which it is applicable to other cases to which it is not strictly applicable, the ground of inapplicability being some differenca of an immaterial character, Brown. Fictions are to be distinguished from presumptions of law. By the former, something known to be false or unreal is assumed as true; by the latter, an inference is set up, whieh may beand probably is true, but which, at any rate, the lew will not permit to be controverted, Mr. Best distinguishes legal fictions from presumptions juris ef de jure, apd divides them into three kinds,—affirmative or positive fictions, nsgative fictions, and fictions by relation. Best, Pres. p. 27, § 24. opinion of the court on a point of law, not for the settlement of any actual controversy between the parties. Courts of justice were constituted for the pur. pose of deciding really existing questions of right between parties; and they are not bound to answer impertinent questions which porsons think proper to ask them in the form of an.action on a wager.

12 Hast, 248..