Legal Term Dictionary

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...

In old English law. A writ whereby the king conferred the keeping of an hermitage upon a clerk. Reg. Orig. 303, 308.

In old English law. A writ whereby the king conferred the keeping of an hermitage upon a clerk. Reg. Orig. 303, 308. Less...

To gather together; to bring scattered things (assets, accounts, articles of property) into one mass or fund. To collect a debt or claim is to obtain payment or liquidation of it either by personal solicitation or legal proceedings. White v. Case, 13 Wend. (N. X.) 544; Ryan v. Tudor, 31 More...

To gather together; to bring scattered things (assets, accounts, articles of property) into one mass or fund. To collect a debt or claim is to obtain payment or liquidation of it either by personal solicitation or legal proceedings. White v. Case, 13 Wend. (N. X.) 544; Ryan v. Tudor, 31 Kan. 366, 2 Pac. 797; Purdy v. Independence, 75 Iowa, 356, 39 N. W. 641; Mclnerny T. Reed, 23 Iowa, 414; Taylor v. Kearney County, 35 Neb. 381, 53 N. W. 211. —Collect on delivery. See C. O. D.—Collector. One authorized to receive taxes or other impositions; as "collector of taxes." A person appointed by a nrivate person to collect the credits due him.—collector of decedent's estate. A person temporarily appointed by the prebate court to collect rents, assets, interest ills receivable, etc., of a decedent's estate, and act for the estate in all financial matters requiring immediate settlement. Such collector is usually appointed when there is protracted litigation as to the probate of the will, or as to the person to take out administration, and his duties cease as soon as an executor or administrator is qualified.—Collector of the customs. An officer of the United States, appointed for the term of four years. Act May 15, 1820. | l; 3 Story, U. S. Laws, 1790.—tool-lection. Indorsement "for collection." See FOR COLLECTION. Less...