obiter, adv., a., and n.
(ˈɒbɪtə(r))
[L. obiter adv., orig. two words, ob iter, by the way.]
A. adv. a. By the way, in passing, incidentally.
| 1573 G. Harvey Letter-bk. (Camden) 9 Al this was spokin obiter at the table. 1626 Bacon Sylva §166 The Communication of Sounds..hath been touched obiter in the Majoration of Sounds. 1716 M. Davies Athen. Brit. II. 209 [He] never thought worth his while to mention his Life nor Writings, not so much as obiter or occasionally. 1841 J. H. Newman Tamworth Reading Room in Discuss. & Argts. (1872) 262 Sir Robert does obiter talk of improved modes of draining. 1886 Sir C. Bowen in Law Rep. 34 Chanc. Div. 37 The present Master of the Rolls..expressed obiter an opinion..with which..I cannot agree. |
b. esp. in the phr. obiter dictum [L., (a thing) said by the way]: in Law, An expression of opinion on a matter of law, given by a judge in court in the course of either argument or judgement, but not forming an essential part of the reasons determining the decision, and therefore not of binding authority; hence gen. Anything said by the way, an incidental statement or remark.
| 1812 Edin. Rev. XIX. 302 It was more of an obiter dictum than of a point ruled. 1831 Ibid. LIV. 289 The obiter dictum of a judge or two. 1865 Farrar Chapt. Lang. i. (1878) 8 The supposed revelation of language from the obiter dictum of an auctoris aliud agentis. a 1884 in A. Birrell Obiter Dicta title-p., An obiter dictum, in the language of the law, is a gratuitous opinion, an individual impertinence which, whether it be wise or foolish, right or wrong, bindeth none—not even the lips that utter it. |
B. quasi-adj. (after obiter dictum). Made or uttered by the way; incidental.
| 1767 Ld. Mansfield in Burrow's Rep. IV. 2068 That is an obiter saying only; and not a resolution or determination of the Court. 1769 Burrow Ibid. 2294 Mr. Justice Willes..declared, that he should give no obiter opinion about personal property..being liable to be rated. 1891 Sir R. Webster in Daily News 21 Apr. 3/2 The obiter observations said to have been made by magistrates' clerks. 1957 G. Schwarzenberger Internat. Law (ed. 3) I. xxiv. 437 The Commission's observations..were strictly obiter dicta. As, however, the reformulation of Article 18..followed the line taken in this Award, the view expressed by the Commission, though obiter, deserves not to pass unnoticed. 1959 ‘W. Haggard’ Venetian Blind ii. 24 Mr Justice Downderry refused an injunction. He did more. He made it very clear that his remarks were obiter, but he was exquisitely acidulous. |
C. n. Something said, done, or occurring by the way; an incidental matter. Also, an obiter dictum.
| 1607 T. Walkington Opt. Glass 160 In so little a toy vnlesse there were obiters, what would be worthy vewing? 1650 Fuller Pisgah ii. iv. 109 Each parenthesis of our Saviours motion is full of heavenly matter, and his obiter more to the purpose, than our iter. 1927 Daily Tel. 19 July 9/2 Lord Justice Scrutton recalled a recent obiter by Mr. Justice Eve to the effect that [etc.]. |