Origin and history of obiter dictum

"positive statement or assertion," often a mere saying but with implied authority, 1660s, from Latin dictum "thing said (a saying, bon-mot, prophecy, etc.), an order, a command," neuter of dictus, past participle of dicere "to say, speak" (from PIE root *deik- "to show," also "pronounce solemnly"). In legal use, a judge's expression of opinion without argument, which is not the formal resolution of a case or determination of the court.

1706, "register of deaths, a list of the dead," from Medieval Latin obituarius "a record of the death of a person," literally "pertaining to death," from Latin obitus "departure, a going to meet, encounter" (a euphemism for "death"), from stem of obire "go toward, go to meet" (as in mortem obire "meet death"), from ob "toward" (see ob-) + ire "to go" (from PIE root *ei- "to go").

The meaning "a record or announcement of a death," especially in a newspaper, and including a brief biographical sketch, is from 1738. As an adjective, "relating to or recording a death," from 1828.

A similar euphemism is in Old English forðfaran "to die," literally "to go forth;" utsið "death," literally "going out, departure." Old French trespasser (Modern French trépasser; see trespass (v.)) came to be used euphemistically for "to die" ("pass beyond" the limit or boundary of death), a sense also found 15c. in English. Also compare euphemistic passed, cross over, etc.