By The Bye
A New Law Dictionary and Glossary · Alexander M. Burrill · 1850
A New Law Dictionary and Glossary
[Lat. obiter.] In practice.
Incidentally.
A term formerly applied in English practice to a peculiar mode of declaring, as distinguished from declaring in chief. A declaration in chief was at the suit of the same plaintiff for the principal cause of action, or that for which the writ was sued out; a declaration by the bye was at the suit of a different plaintiff, or of the same plaintiff for a different cause of action.
1 Tidd's Pr. 419.
The practice of declaring by the bye is now abolished.
Archb. New Pr. 293.