Public-domain · open source
OpenJurist

Collateral Issue

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

In practice

An issue taken upon matter aside from the intrinsic merits of the action, as upon a plea in abatement; or aside from the direct and regular order of the pleadings, as on a de murrer.

2 Arch. Pr. 1,6; book 2, part 1, 2.

The term collateral is also applied in England to an issue raised upon a plea of diversity of person, pleaded by a criminal who has been tried and convicted, in bar of execution, viz: that he is not the same person who was attainted, and the like.

4 Bl. Com, 396