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are one and the same thing. Test or fictitious cases are held to be contempts of the courts into which they are brought: see Texas Reports, Smith vs. Brown, Vol. 3 In Brewster vs. Kitchen, Comb. 425, which was a feigned issue, Lord Chief Justice Holt said if he had not thought it had been directed out of Chancery, he would not have tried it; and his Lordship added "Do you bring fob actions to learn the opinion of the court"? In the case of Fletcher vs. Peck, which involved very important principles, Judge Johnson said: - I have been very unwilling to proceed to the decision of this case at all. It appears to me to bear strong evidence upon the face of it, of being a mere feigned case. It is our duty to decide on the rights, not on the speculations, of parties; my confidence, however, in these respectable gentlemen who have been engaged for the parties has induced me to abandon my scruples, in the belief that they would never consent to impose a feigned case upon this court: - Sixth Cranch, 147-8.

I am so satisfied in this case that the defendant is so entirely in the hands of others, and that he was scarcely aware of what he was doing, although cautioned by me, that I am 

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