Collateral

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 aet. 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 uucles 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 facts. 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; Gamer 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, i. e., in any action other than that in which the judgment was rendered ; lor, 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 ; Morrill v. Morrill, 20 Or. 96, 25 Pac. 362, 11 In 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 tax. 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; McCormick v. Bank (C. Ct) 57 Fed. 110; Munn v. McDonald, 10 Watts (Pat) 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 l2,8Ol.-Col-lateral 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. & J. (Md.) 391. As to collateral "Consanguinity," "Descent," "Estoppel," "Guaranty," "Issue," "Limitation," "Negligence," "Proceeding," and "Warranty," see those titles.

Connected by, or on the side; by the side and not in a direct line; depending upon; additional. Collateral assurance: an assurance in addition to some other assurance, as, a bond in addition to covenants in a mortgage. Collateral consangninity: relationship not lineal which exists between persons who are descended from one and the same stock or ancestor, whether near or remote. Collateral issue: an issue 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 demurrer; an issue on a plea of diversity of person, pleaded by a criminal who has been tried and convicted, in bar of execution. Collateral limitation: a limitation of an estate which gives an interest for a specified period, but makes the right of enjoyment to depend on some collateral event Collateral security: a security in addition to another, or principal security, to be resorted to in case of failure of the principal security. Collateral warranty: a warranty of lands, collateral to the title of the heir, or him upon whom the warranty falls; a warranty made by a person who is collateral to the title, i e. a person out of the line of the title, and through whom the title did not pass. v. Lineal warranty.

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.

[L. Lat. collateralis, from con^ together, and lateralis, on the side,] Connected by, or on the side.* That whicn comes in, or adheres to the side of any thing. Termes de la ley, Haredes a latere venientes; heirs coming in, or from the 9ide, collateral heirs. Bract, fol. 20 b. Answering to the in nlayiov xai Ai^yre? in the Greek of the civil law. Nov. 118, c. 3. That which is beside another thing; additional. See infra. COLLATERAL CONSANGUINITY or KINDRED. [Lat. cognatio a latere.'] That kind of consanguinity, kindred or relationship which exists between persons who are descended from one and the same stock or ancestor, whether near or remote; as between two brothers descended from the same father, or between two cousins descended from the same grandfather. 2 Bl. Com. 204, 205. It is thus distinguished from Uneal consanguinity, in which the relatives are descended the one from the other. Id. 204. See Lineal consanguinity. Lineal consanguinity being usually represented by a perpendicular or right line, (linea recta,) in which the kindred are ranked relatively, one above or below the other, as father, son, grandson, collateral consanguinity is properly denoted by one or more transverse lines, crossing this, or proceeding obliquely from it on the side (a latere) upon which the kindred are ranked in their order. See Dig. 38. 10. 9, 10.

© collateralis, from latus, a side; that which is sideways and not direct.