Lat. By the way; in passing ; incidentally; collaterally. —Obiter dictum. A remark made, or opinion expressed, by a judge, in his decision upon a cause, “by ‘the way,” that is, incidentally or collaterally, and not directly upon ‘the question before him, or upon a point not necessarily involved in the determination of the cause. or introduced by way of illustration, or analogy or argument.