FICTITIOUS ACTION. A suit brought on pretence of a controversy when no such con troversy 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 jus tice 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 Hard wicke in such a case committed the parties and their attorneys ; Rep. t. Hardw. 237. A court will not consider itself bound, to enter tain 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 de termining a matter in controversy between the parties; 6 C. B. 100; or where the deci sion is sought upon a fictitious interest cre ated 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 say ing that "the practice is in every point of view vicious. It involves . . . a con spiracy to deceive the courts, by presenting cases for decision involving no real contro versy ;" Van Horn v. Kittitas County, 112 Fed. 1. The practice of bringing such suits has been severely condemned by the courts; Lord v. Veazie, 8 How. (U. S.) 251, 12 L. Ed. 1067; Connoly v. Cunningham, 2 Wash. T. 242, 5 Pac. 473.
See, also, Comb. 425; 1 Co. 83 ; Fletcher v. Peck, 6 Cra. (U. S.) 147, 3 L. Ed. 162; FEIGNED ACTIONS; MOOT CASES.