Fictitious Actions
Defined in 1 dictionary — Bouvier (1839)
A Law Dictionary, Adapted to the Constitution and Laws of the United States
John Bouvier · 1839
practice, are suits brought on pretended rights. They are sometimes brought, usually 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 whatever impertinent questions 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. ‘Temp. Hardw. 237. See also Comb. 425; 1 Ca.83; 6 Cranch, 147, 8. Vide Feigned actions. The court of the King’s Bench fined an attorney forty pounds for stating a special case for the opinion of the court, the greater part of which state-