FICTION

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FICTION, in law, is an assumption made for the purposes of justice, though the same fact could not be proved, and may be literally untrue. There are many fictions in the civil law, and a fiction in Jaw is said by the civilians to be the assumption of an untruth for a truth, in a thing possible to have been done, but which was not done. The declaring that a note or bond, made in a foreign country, was made in the county where a suit is commenced upon it, is an instance of a very common fiction, adopted on the ground that suits can be brought in the county only on causes of action existing within its limits; and so the practice has been introduced of declaring that the contract on which an action is brought,was made in the county, though the fact seems to be entirely immaterial; for transitory actions follow the person, and it is only of such that the fiction is admitted. But other fictions are more material. It is a rule, that a fiction of law shall work no wrong; and the ficlions in use generally come within this rule.