FICTITIOUS

Founded on a fiction; haying the character of a fiction; false, feigned, or pretended. Fictitious action. 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 Junction Ry. Co., 29 Ind. 551. Fictitious name. A counterfeit, feigned, or pretended name taken by a person, differing in some essential particular from his true name, (consisting of Christian name and patronymic,) with the implication that it is meant to deceive or mislead. But a fictitious name may be us”d so long or under such circumstances as to become an “assumed” name, in which case it may become a proper designation of the individual for ordinary business and legal purposes. See Pollard v. Fidelity F. Ins. Co., 1 S. D. 570, 47 N. W. 1060: Carlock v. Cagnacci, 88 Cal. 600, 26 Pac. 597. Fictitious plaintiff. A person appearing in the writ or record as the plaintiff in a suit, but who in reality does not exist, or who is ignorant of the suit and of the use of his name in it It is a contempt of court to sue in the name of a fictitious party. See 4 Bl. Comm. 134.