Legal Term Dictionary

The trial which was anciently used for the common sort of people, who, having a cord tied about them under their arms, were cast into a river; if they sank to the bottom until they were drawn up, which was in a very short time, then were they held guiltless; More...

The trial which was anciently used for the common sort of people, who, having a cord tied about them under their arms, were cast into a river; if they sank to the bottom until they were drawn up, which was in a very short time, then were they held guiltless; but such as did remain npon the water were held culpable, being, as they said, of the water rejected and kept up. Wharton. Less...

In feudal law. One who, holding in free socage, was obliged to do certain services for the lord. A middle class of tenants between servile and free, who held their freedom of tenure on condition of performing certain services. Said to be the same as the conditionalee. Cowell.

In feudal law. One who, holding in free socage, was obliged to do certain services for the lord. A middle class of tenants between servile and free, who held their freedom of tenure on condition of performing certain services. Said to be the same as the conditionalee. Cowell. Less...

By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Additional or auxiliary; supplementary; co-operating. —Collateral aot. In old practice. The name "collateral act" was given to any act (except the payment of money) for the performance of which a bond, More...

By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Additional or auxiliary; supplementary; co-operating. —Collateral aot. In old practice. The name "collateral act" was given to any act (except the payment of money) for the performance of which a bond, recognizance, etc, was given as security.—Collateral ancestors. A phrase sometimes used to designate uncles and aunts, and other collateral antecessors, who are not strictly ancestors. Banks v. Walker, 3 Barb. Ch. (N. Y.) 438, 446.—Collateral assurance. That which is made over and above the principal assurance or deed itself.—Collateral attack. See "Collateral impeachment," infra.— Collateral faots. Such as are outside the controversy, or are not directly connected with the principal matter or issue in dispute. Sum-merour v. Felker, 102 Ga. 254, 29 S. E. 448; Garner v. State, 76 Miss. 515, 25 South. 363. —Collateral impeachment. A collateral impeachment of a judgment or decree is an attempt made to destroy or evade its effect as an estoppel, by reopening the merits of the cause or by showing reasons why the judgment should not have been rendered or should not have a conclusive effect, In a collateral proceeding, t. e., In any action other than that in which the judgment was rendered; for, if this be done upon appeal, error, or certiorari, the impeachment is direct. Burke v. Loan Ass'n, 25 Mont. 315, 64 Pac. 881, 87 Am. St. Rep. 416; Crawford v. McDonald, 88 Tex. 626, 33 S. W. 325; MorriU v. MorriU, 20 Or. 96, 25 Pac. 362, 11 L. R. A. 155, 23 Am. St. Rep. 95; Harman v. Moore, 112 Ind. 221, 13 N. E. 718 ; Schneider v. Sellers, 25 Tex. Civ. App. 226, 61 S. W. 541; Bitz-er v. Mercke, 111 Ky. 299, 63 S. W. 771.— Collateral inheritance tan. A tax levied upon the collateral devolution of property by will or under the intestate law. In re Bittin-ger's Estate, 129 Pa. 338, 18 Atl. 132; Strode v. Com., 52 Pa. 181.—Collateral kinsmen. Those who descend from one and the same common ancestor, but not from one another.—Collateral security. A security given in addition to the direct security, and subordinate to it, intended to guaranty its validity or convertibility or insure its performance; so that, if the direct security fails, the creditor may fall back upon the collateral security. Butler v. Rockwell, 14 Colo. 125, 23 Pac. 462; McCor-mick v. Bank (C. C.) 57 Fed. 110; Munn v. McDonald, 10 Watts (Pa.) 273; In re Wad-dell-Entz Co., 67 Conn. 324, 35 Atl. 257. Collateral security, in bank phraseology, means some security additional to the personal obligation of the borrower. Shoemaker v. Bank, 2 Abb. (U. S.) 423, Fed. Cas. No. 12,801.—Collateral undertaking:. "Collateral" and "original" have become the technical terms whereby to distinguish promises that are within, and such* as are not within, the statute of frauds. Elder v. Warfield, 7 Har. ft J. (Md.) 391. As to collateral "Consanguinity," "Descent," "Estoppel," "Guaranty," "Issue," "Limitation," "Negligence," "Proceeding," and "Warranty," see those titles. Less...

The ancient title of masters In chancery.

The ancient title of masters In chancery. Less...

Lat A joining together or contribution of goods into a common fund. This occurs where a portion of money, advanced by the father to a son or daughter, is brought into hotchpot, In order to have an equal distrlbutory share of his personal estate at his death. See COLLATION.

Lat A joining together or contribution of goods into a common fund. This occurs where a portion of money, advanced by the father to a son or daughter, is brought into hotchpot, In order to have an equal distrlbutory share of his personal estate at his death. See COLLATION. Less...

In old English law. A comparison of marks or seals. A mode of testing the genuineness of a seal, by comparing it with another known to be genuine. Adams. See Bract foL 889b.

In old English law. A comparison of marks or seals. A mode of testing the genuineness of a seal, by comparing it with another known to be genuine. Adams. See Bract foL 889b. Less...

In the civil law. The collation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of More...

In the civil law. The collation of goods is the supposed or real return to the mass of the succession which an heir makes of property which he received in advance of his share or otherwise, in order that such property may be divided together with the other effects of the succession. Civ. Code La. art 1227; Miller v. Miller, 106 La. 257, 29 South. 802. The term is sometimes used also in cdui-mon-law jurisdictions in tbe sense given above. It is synonymous with "hotchpot" Moore v. Freeman, 50 Ohio St 592, 35 N. E. 502. In practice. The comparison of a copy with its original to ascertain its correctness; or the report of the officer who made the comparison, Less...

When upon the same label one seal was set on the back or reverse of the other. Wharton.

When upon the same label one seal was set on the back or reverse of the other. Wharton. Less...

In ecclesiastical law. This occurs where the bishop and patron are one and the same person, in which case the bishop cannot present the clergyman to himself, but does, by the one act of collation or conferring the benefice, the whole that is done in common cases both by presentation More...

In ecclesiastical law. This occurs where the bishop and patron are one and the same person, in which case the bishop cannot present the clergyman to himself, but does, by the one act of collation or conferring the benefice, the whole that is done in common cases both by presentation and institution. 2 BL Comm. 22. Less...

A writ directed to justices of the common pleas, commanding them to issue their writ to the bishop, for the admission of a clerk in the place of another presented by the crown, where there had been a demise of the crown during a suit; for judgment once passed for More...

A writ directed to justices of the common pleas, commanding them to issue their writ to the bishop, for the admission of a clerk in the place of another presented by the crown, where there had been a demise of the crown during a suit; for judgment once passed for the king's clerk, and he dying before admittance, the king may bestow his presentation on another. Reg. Orig. 31. Less...