Collateral Facts

Facts not directly connected with the issue or matter In dispute. Such as afford no reasonable inference as to the principal fact. Greenl. Ev. § 52.

Facts not directly connected with the issue or matter in dispute. Such as are offered in evidence to establish the matters or facts in issue. Garwood v. Garwood, 29 Cal. 521; King v. Chase, 15 N. H. 16, 41 Am. Dec. 675. Facts offered in evidence at a trial to establish the issue, though not necessarily conclusive thereof. Freein. Judgm. § 258. Such facts are inadmissible in evidence; but, as it is frequently difficult to ascertain a priori whether a particular fact offered in evidence will or will not clearly appear to be material in the progress of the cause, in such cases it is usual in practice for the court to give credit to the assertion of the counsel who tenders such evidence, that the facts will turn out to be material. But this is always within the sound discretion of the court. It is the duty of the counsel, however, to offer evidence, if possible, in such order that each part of it will appear to be pertinent and proper at the time it is offered; and it is expedient to do so, as this method tends to the success of a good cause. When a witness is cross-examined as to collateral facts, the party cross-examining will be bound by the answer; and he cannot, in general, contradict him by another witness; Rose. Cr. Ev. 139.

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.

Defined under Fact in Black's Law Dictionary.

ertdence, are facts unconnected with the issue or matter in dispute. As no fair and reasonable inference can be drawn from such facts they are inadmissible in evidence, for at best they are useless, and may be mischievous because they tend to abstract the attention of the jury, and to mislead them. Stark. Ev. h. t.; 2 Bi. Rep. 1169; 1 Stark. Ev. 40. It is frequently difficult to ascertain @ priori, whether a particular fact offered in evidence will or will not become material, and in such cases it is usual in practice for the court to give credit to assertion of counsel who tenders such evidence, that the facts will turn out to be material, but this is always within the sound discretion of the court. Whena witness is cross-examined as to collateral facts, the party cross-examinand he cannot, in general, contradict him by another witness. Rose. Ev. 139.