Fictitious Action

A suit brought on pretense of a controversy, when no such controversy in truth exists. Such actions have usually been brought on a pretended wager, for the purpose of obtaining the opinion of the court on a point of law. Courts of justice were constituted for the purpose of deciding really existing questions of right between parties; and they are not bound to answer impertinent questions which persons think proper to ask them in the form of an action on a wager. 12 East, 248. Such an attempt has been held to be a contempt of court; and Lord Hardwicke in such a case committed the parties and their attorneys. Lee temp. Hardw. 237. See, also, Comb. 425; 1 Coke, 83; 6 Cranch (U. S.) 147, 148. See, also, "Feigned Action."

A suit brought on pretence of a controversy when no such controversy in truth exists. Such actions have usually been brought on a pretended wager, for the purpose of obtaining the opinion of the court on a point of law. Courts of justice are not bound to answer impertinent questions which persons think proper to ask them in the form of an action on a wager; 12 East 248. Such an attempt has been held to be a contempt of court; and Lord Hardwicke in such a case committed the parties and their attorneys; Rep. t. Hardw. 237. A court will not consider Itself bound to entertain a case stated for its opinion when there is reason to believe that the action Is not brought in good faith for the purpose of determining a matter in controversy between the parties; 6 C. B. 100; or where the decision is sought upon a fictitious interest created for the express purpose of obtaining a decision; 4 Ch. D. 169. Where a contract was made between a county and a bidder to enter a feigned suit to determine the validity of the bonds prior to their issue, it was held void as against public policy, the court saying that “the practice is in every point of view vicioua It involves... a conspiracy to deceive the courts, by presenting cases for decision involving no real controversy;" Van Horn v. Kittitas County, 112 Fed. 1. The practice of bringing such suits has been severely condemned by the courts; Lord V. Veazle, 8 How. (U. S.) 261, 12 L. Ed. 1067; Connoly v. Cunningham, 2 Wash. T. 242, 6 Pac. 473. See, also. Comb. 425; 1 Co. 83; Fletcher

An action brought for the sole purpose of obtaining the opinion of the court on a point of law, not for the settlement of any actual controversy between the parties. Smith v. Junction Ry. Co., 29 Ind. 551.

Defined under Fictitious in Black's Law Dictionary.