Search results for: “collateral”

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. …

A term frequently used in respect of the conclusiveness of judgments, the general rule being that a judgment of a court of record cannot be collaterally impeached, i. e., in an action other than that in which it was rendered, except upon proof of fraud or want of jurisdiction. …

A limitation in the conveyance of an estate, giving an interest for a specified period, but making the right of enjoyment depend upon some collateral event, as, an estate to A. till B. shall go to Rome. Park, Dower, 163; 4 Kent, Comm. 128; 1 Washb. Real Prop. 215. …

An agreement which is independent, separate and distinct from the original agreement but which is consistent with the provisions of the original agreement and of such a nature that the parties could not reasonably be expected to embody in the original agreement. See Rinaudo v Bloom, 120 A.2d […]

It is that fraud which prevents a party from having a trial or from presenting his cause of action or his defense, which induces him to withdraw a defense, or which operates upon matters not pertaining to judgment itself but to the manner in which it was procured. Alleghany Corp. v. Kirby, (D. […]

A collateral heir is one not of direct line of descent, but from a collateral line as a brother, sister, uncle, aunt, nephew, niece, cousin, etc.

In the context of evidence and credibility of witnesses, while it is open to an adverse party to impeach the credit of the witness produced on behalf of the opponent, a witness may not be impeached by contradiction on a collateral matter which is a fact that could not be shown in evidence for […]

One under which money is not directly advanced but is given to secure an indebtedness that is pre-existing or contemporaneous or may spring in the future. It is given to secure a mortgage note pledged as collateral security for debt or succession debts. See McLendon v Brewster (La.App.) 286 […]

This is the doctrine which makes certain orders appealable even though they do not dispose of entire litigation but which finally determine claims of right severable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of cause itself to […]

This rule means that the compensation awarded to an injured person shall not be reduced by amount of compensation received or receivable by him from independent collateral sources such as an insurance policy to cover his disability. If the injured party receives some compensation for his […]