Page:Black's Law Dictionary (Second Edition).djvu/222

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CO-HEIR

CO-HEIR. One of several to whom an Inheritance descends.

CO-HEIRESS. A joint heiress A woman who has an equal share of an inheritance with another woman.

COHUAGIUM. A tribute made by those who meet promlscuousiy in a market or fair. Du Congo.

COIF. A title given to serjeants at law, who are called “serjeauts of the cult," from the coif they wear on their heads. The use of this colt at first was to cover the clericai tonsure, many of the practising serje:mts heing clergyman who hiid abandoned their pro- fession. It was a thin linen cover. gathered together in the form of a skull or helmet; the material being nfterwurds changed into ii hlte silk, and the form eventually into the black patch at the top of the forensic wig, which is now the distinguishing mark of the degree of serjennt at law. (Cowell; Fuss, Judg.; 3 Steph. Comm. 272, note.) Brown.

COIN, 1;. To fashion pieces of metal into a prescribed shape, weight, and degree of fineness, and stamp t.liem with prescribed devices, by authority of government, in order that they may circulate as money. Le- gal Tender Cases, 12 Wall. 48-1. 20 L. Ed. 287 ; Ihnyer v. Hedges. B Ind. 301; Bank v. Van Dyck, 27 N. Y. 490; Borle v. Trott, 5 Phiia. (Pa.) 403; Latliam v. U. S., 1 Ct. Cl. 15-1; Hague v Powers, 39 Barb. (N. Y.) 466.

COIN, 7:. Pieces of gold, silver, or other Il.ll.‘LLll, fashioned into :1 prescribed shape. weight, and degee of fineness, lll][l stamped, by authority of government, with certain marks and devices, and put into circulation as money at a fined value. Com. v. Gallagher. 16 Gray (Muss) 2-10', Lathiim v. U. S.. 1 CL Cl. 150; Borie v. Trott, 5 Phila. (i-’a.) 403.

Strictly speaking, coin differe from money, as the species differs from the genus. Money is any matter, whether metal. paper, beads. shells etc., which has currency as a medium in com merce. Coin ls a paiticular species, aluays made of metal, and struck uccurdlng to a. certain process called "coinage." W'harton.

COINAGE.}} The pro(%ss or the function of cohiliig met-iililc money; also the great mass of metallic money in circulation. Mey- cr v. Roosevelt, 25 How. Prac. (N. Y.) 105; U. S. v. Otey (C. C.) 31 Fed. 70.

C OITUS. In Sexual intercourse ;

medical jurisprudence. carnal copulation

COTUIDICES. Lat. In old English law. Associate judges having equality of power with others.

COLD WATER ORDEAL. The trial which was anclently used for the common

214

COLLATERAL

sort of people, who, having a cord tied about them under their arms, were cast into a urer; i.l' they sunk to the bottom until they were drawn up, which was in a very short time, then were they held guiltles ; but such as did remain upon the water were held ciilpahle. being, as they said, of the water re- jected and kept up. Wharton.

COLIBERTUS. In feudal law. One Who, holding in free socage, was ohllged to do certain services for the lord A middle class of tenants lietween scrrlle and free. who held their freedom of tenure on condition of perfunning certain services. Said to be the same as the comliliaimlcs. Ouwell.

COLLATERAL. By the side; at the side; attached upon the side. Not lllJ(‘:lL hut upon a parallel or dircrging line Additional or auxiliary; supplementary; cu o]~ crsting.

—Col1atex-sl act. In old practice. The name “collateral act" was iicn to any not (except the payment of money for the perfonnauce oi which a bond, recognizance, etc., was ,<,n'ven us securily.—Collatcral nueestox-s. -\ phrase sometimes used to designate uncles and aunts. and other collateral nnteccssors, who are not strictly ancestors. Banks v. Wiiiker, 3 Barb. Ch. (N. Y.) 438. 44G.—Gollatera1 assurance. That which is made over and above the pricnipal nssimince or deed ilsel£.—Collatei-al nttaok. See “Collateral impeachment," iiifm.— Collateral facts. Such as are outside the controversy, or are not directly connected with

the principal matter or issue in d spiite. Sum- merour v. Felker, 10:’. Ga " E. 4

Garner v. State, 70 Miss. . South. 3:93 —Colla.teral impeachment. A collnttrsl

impeachment of H judgment or decree is an attempt made to destroy or evade its elfect as an estnppPl_ by reopening the merits of the cause or by showing reasons win’ the judgment sh: not have been rendered or should not hmc a cocnlusive eifect, in a collateral proccetliiig, I. 1. in any action other than that in which the judgment was rendered; for, if this be done upon appeal. error, or certiarari, the impeachment is dirt-it. Burke v. Loan Ass'n. 25 Mont. .'’.1.’:. 6-1 I’z1c. 831, 57 Am. St. lien. 4&9; 4‘

v. dicllnnald 88 Tex. 13 S rill v. ' . 20 Or. 96 A. 1? m St. Ron.

I - . 112 Ind. 221. 13 N. E ers. 25 Tcx. Civ. App. .. er v. l\Ierrke. ‘I11 l\'v Collateral inheritance ininn the collateral devolution of propel will or under the int:-, ate l.:lW. In

gei's Estate, 129 Pu. 18 At]. 1 ‘

v. Cnl:n.. 52 Pa. lSl.—Cnll.a.tex-al lzinsmen. Those who descend from one nnd the same cnuimon ancestor, but not from one nnother.—Co1- lateral security. .\ _securit_v j.'IV[‘|:| in oddition to the direct security, and subordinate to it. intcnrled to guaranty its iali ty or con- vertibility or insure its performance: so that. if the direct security falls, the creditor may fall hack upon the collateral security. Butler I Rockwell. 14 Colo. 12’ _ McCormick v. Bank (C. C.) )7 Fed. 110; Munn V Mt-Donald. 10 Watts (Pa.) 273', In re “fad- (lell-Eiitz Co.. 67 Conn. 3%, 35 At]. 257. Co|~ lntcral security, in bank phrziseology, means some security adiiitional to the personal ohlig:ition of the liorrower. Shoemaker v. Bank. 2 Abh_ (U. S.) 423. Fed. Cris N0. l2.801.—Cnllateral under-taking. “Coll.itcrsl" and “orig-

inal" have become the technical terms whereby