Feign

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notmartha
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Feign

Post by notmartha » Fri Jan 15, 2016 1:23 pm

Also see fiction.

BIBLE

KJV References

Mirmâ, Hebrew Strong's #4820, is used 39 times in the Old Testament. It is translated as deceit (20), deceitful (8), deceitfully (3), false (2), guile (2), feigned (1), craft (1), subtilty (1), treachery (1). It is translated as “feigned” in the following verse:
Psalm 17:1 - Hear the right, O LORD, attend unto my cry, give ear unto my prayer, that goeth not out of feigned lips.
Nākar, Hebrew Strong's #5234, is used 50 times in the Old Testament. It is translated as know (16), acknowledge (7), discern (6), respect (4), knowledge (2), known (2), feign to another (2), miscellaneous translations (11). It is translated as “feign to another” in the following verse:
1 Kings 14:5 - And the LORD said unto Ahijah, Behold, the wife of Jeroboam cometh to ask a thing of thee for her son; for he is sick: thus and thus shalt thou say unto her: for it shall be, when she cometh in, that she shall feign herself to be another woman.
Hypokrinomai, Greek Strong's #5271, is used 1 time in the New Testament, translated as “feign”:
Luke 20:20 - And they watched him, and sent forth spies, which should feign themselves just men, that they might take hold of his words, that so they might deliver him unto the power and authority of the governor.
Plastos, Greek Strong's #4112, is used 1 time in the New Testament, translated as “feigned” in the following verse:
2 Peter 2:3 - And through covetousness shall they with feigned words make merchandise of you: whose judgment now of a long time lingereth not, and their damnation slumbereth not.
DEFINITIONS

Commentaries on the Laws of England in Four Books, vol. 1 Sir William Blackstone, 1753
The uses of a fine, in the modern practice, are, first, to extinguish dormant titles which are barred after five years’ non-claim by the statutes 18 Edw. I. and 4 Hen. VII. c. 24. Or, secondly, to bar the issue in tail under the statutes 4 Hen. VII. c. 24, and 32 Hen. VIII. c. 36. Or, thirdly, to pass the estates of femes covertes in the inheritance or freehold of lands and tenements. In the last instance, the fine is supposed by Blackstone to be binding upon the feme coverte, because she is privately examined as to her voluntary consent. But, if that were indeed the principal reason, any other mode of conveyance to which the same form of private examination were superadded would be as binding as a fine. It seems that the fine is binding in such case because it is the conclusion of a real action commenced by original writ,—without which preliminary, even at this day, a fine would be a nullity. In the ancient practice, the recovery of the estate of the wife in a real action was held to be binding notwithstanding the coverture. Upon the same principle, the fine is held to be binding in the present instance, because of the supposed depending of a real action (of which the fine is an amicable composition by agreement,) and not because of the form of private examination, which is only a circumstance in the mode of levying the fine, and a merely secondary incident introduced to prevent compulsion. And, although fines and recoveries are now no more than feigned proceedings, or, as they are usually called, common assurances, yet, in point of bar and conclusion, they are still governed by the same principles as if they were really adverse suits. Co. Litt. 121, a., n. Ritso’s Introd. 204, n.—Sharswood.
And also, as the courts of common law have obtained a concurrent jurisdiction with the court of chivalry with regard to foreign contracts, by supposing them made in England; so it is no uncommon thing for a plaintiff to feign that a contract, really made at sea, was made at the royal exchange, or other inland place, in order to draw the cognizance of the suit from the courts of admiralty to those of Westminster hall.
The chancellor’s decree is either interlocutory or final. It very seldom happens that the first decree can be final, or conclude the cause; for, if any matter of fact is strongly controverted, this court is so sensible of the deficiency of trial by written depositions, that it will not bind the parties thereby, but usually directs the matter to be tried by jury; especially such important facts as the validity of a will, or whether A. is the heir at law to B., or the existence of a modus decimandi, or real and immemorial composition for tithes. But, as no jury can be summoned to attend this court, the fact is usually directed to be tried at the bar of the court of king’s bench, or at the assizes, upon a feigned issue. For (in order to bring it there, and have the point in dispute, and that only, put in issue) an action is brought, wherein the plaintiff by a fiction declares that he laid a wager of 5l. with the defendant that A. was heir at law to B.; and then avers that he is so; and therefore demands the 5l. The defendant admits the feigned wager, but avers that A. is not the heir to B.; and thereupon that issue is joined, which is directed out of chancery to be tried; and thus the verdict of the jurors at law determines the fact in the court of equity. These feigned issues seem borrowed from the sponsio judicialis of the Romans;(a) and are also frequently used in the courts of law, by consent of the parties, to determine some disputed rights without the formality of pleading, and thereby to save much time and expense in the decision of a cause.13
13 The consent of the court ought also to be previously obtained; for a trial of a feigned issue without such consent is a contempt, which will authorize the court to order the proceedings to be stayed. 4 T. R. 402.—Chitty.
Webster's Dictionary of American English, 1828
FEIGNED, pp.

Invented; devised; imagined; assumed.
Bouvier’s Dictionary of Law, 1856
FEIGNED ACTION, practice.

An action brought on a pretended right, when the plaintiff has no true cause of action, for some illegal purpose. In a feigned action the words of the writ are true; it differs from false action, in which case the words of the writ are false. Co. Litt. 361, sect. 689. Vide Fictitious action.

FEIGNED issue, pract.

An issue brought by consent of the parties, or the direction of a court of equity, or such courts as possess equitable powers, to determine before a jury some disputed matter of fact, which the court has not the power or is unwilling to decide. 3 Bl. Com. 452; Bouv. Inst. Index, h. t

ISSUE

12. Issues are also divided into actual and feigned issues.

13. An actual issue is one formed in an action brought in the regular manner, for the purpose of trying a question of right between the parties.

14. A feigned issue is one directed by a court, generally by a court exercising equitable powers, for the purpose of trying before a jury a matter in dispute between the parties. When in a court of equity any matter of fact is strongly contested, the court usually directs the matter to be tried by a jury, especially such important facts as the validity of a will, or whether A is the heir at law of B.

15. But as no jury is summoned to attend this court, the fact is usually directed to be tried in a court of law upon a feigned issue. For this purpose an action is brought in which the plaintiff by a fiction dares that he laid a wager for a sum of money with the defendant, for example, that a certain paper is the last will and testament of A; then avers it is his will, and therefore demands the money; the defendant admits the wager but avers that, it is not the will of A, and thereupon that. issue is joined, which is directed out of chancery to be tried; and thus the verdict of the jurors at law determines the fact in the court of equity.

16. These feigned issues are frequently used in the courts of law, by consent of the parties, to determine some disputed rights without the formality of pleading, and by this practice much time and expense are saved in the decision of a cause. 3 Bl. Com. 452. The consent of the court must also be previously obtained; for the trial of a feigned issue without such consent is a contempt, which will authorize the court to order the proceeding to be stayed, and punish the parties engaged. 4 T. R. 402. See Fictitious action. See, generally Bouv. Inst. Index, h. t.

COLOR, pleading.
It is of two kinds, namely, express color, and implied color.

2. Express color. This is defined to be a feigned matter, pleaded by the defendant, in an action of trespass, from which the plaintiff seems to have a good cause of action, whereas he has in truth only an appearance or color of cause. The practice of giving express color in pleas, obtained in the mixed actions of assize, the writ of entry in the nature of assize, as well as in the personal action of trespass.
Black's Law Dictionary, 1st Edition, 1891
FEIGNED ACTION.

In practice. An action brought on a pretended right, when the plaintiff has no true cause of action, for
some illegal purpose. In a feigned action the words of the writ are true. It differs from false action. in which case the words of the writ are false. 00. Litt. 36l.
FEIGNED DISEASES.

Simulated maladies. Diseases are generally feigned from one of three causes, fear, shame, or the hope of gain.
FEIGNED ISSUE.

An issue made up by the direction of a court of equity. (or by consent of parties.) and sent to a common law court, for the purpose of obtaining the verdict of a jury on some disputed matter of fact which the court has not jurisdiction, or is unwilling, to decide. It rests upon a supposititious wager between the parties. See 3 Bl. Comm. 452.
The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
feign (fan), v.

1. To invent or imagine; utter, relate, or represent falsely or deceitfully.

2. To make a false appearance of; counterfeit; simulate; pretend: as, to feign death.

3. To dissemble; disguise; conceal.

4. Reflexively, to show a sudden weakness; become weak or faint.
Maxims
The law never feigns what is impossible.

Law feigns where equity subsists.
QUOTES

St. Augustine said:
Simulata aequitas est duplex iniquitas, quia et inquitas est, et similatio:
Feigned equity is double iniquity, both because it is iniquity, and because it is feigning.
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