COLLATERAL

A Law Dictionary · 1910 · p. 6
By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Additional or auxiUary; supplementary; co-operating. -Collateral act. 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 antece ors,,who are not strictly ancestors. Banks v. Walker, 3 Barb. Ch. (N. Y.) 438, 4'!6.-0ollateral a urance. That which is made over and above the principal as~rance or deed itself.-Collateral attack. See "Collateral impeachment," infra.- Collateral facts. Such as are outside the con trove ray, or are not directly connected with the principal matter or i ue in dispute. Summer our v. Felker, 100 Ga. 254, 29 S. E. 448; Garner v. State, 76 Mi . 515, 25 South. 363. -Collateral impeachment. A collateral impeachment of a judgment or «;1.ecree is an attempt made to destroy or evade its effect ail 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, i. 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 tUreot. Burke v. Loan A 'n, 25 Mont. 315, 64 Pac. 881, 87 Am. St. Rep. 416; Crawford v. McDonald, 88 Tex. 626, 33 S. W. 325; Morrill v. Morrill, 20 Or. 96, 25 Pac. 362, 11 L. R. A. 165, 23 Am. St. Rep..95; Harman v. Moore, 112 Ind. 221, 13 N. E. 718; Schneider v. Seller a, 25 Tex. Civ. App. 226, 61 S. W. 541; Bitzer v. Mercke, 111 Ky. 299, 63 S. W. 771.- Collateral inheritance tax, A tax levied upon the.collateral devolution of property by will or under the intestate law. In re Bittinger's Estate, 129 Pa. 338, 18 Atl. 132; Strode v. Com., 52 Pa. 181.-0ollateral kinsmen, Those who descend from one and the same common ancestor, but not from one another.-Oollateral 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•. Rock well, 14 Colo. 125, 23 Pac. 462; McCormick v. Bank (C. C.) 57 Fed. llO; Munn v. McDonald, 10 Watts (Pa.) 273; In re Waddell-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, F_ed. Oas.· No. 1~801.---0ol~ lateral 'IIJLdertaJdq, "Oollaterjl.) ' l!,nd "orig,; inal" have· become the technical ·terms whereb1 [s. 220]
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