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Home » Law Dictionary » C » COLLATERAL

COLLATERAL

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

(A) collateralis. From latus, a side; that which is sideways, and not direct. (B) Property guaranteeing payment of a secured debt.

Law Dictionary – Alternative Legal Definition

By the side; at the side; attached upon the side. Not lineal, but upon a parallel or diverging line. Additional or auxiliary; supplementary; cooperating. 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. Summerour 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; Bitzer 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 Bittinger’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; McCormick v. Bank (C. C.) 57 Fed. 110; 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, 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.

Related Posts:

  • COLLATERAL KINSMEN
  • COLLATERAL HEIR
  • COLLATERAL SECURITY
  • LINEAL
  • DIRECT
  • CONSANGUINITY

Filed Under: C

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