Page:Black's Law Dictionary (Second Edition).djvu/1030

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REPUDIATION

REPUDIATION. Rejection; disclaimer; renunciation: the rejection or refusal of an oflered or available rlgbt or privilege, or of a duty or relation. see Iowa State Sav. Bank v. Black. 91 Iowa. 490, 59 N. W. 233; Daley .v. Saving Ass'n, 17? Mass. 13. 59 N. E. 452.

The refusal on the part of a state or government to pay its debts, or its declaration that its obligations, previously contracted, are no longer regarded by it as of binding force.

In the civil law. The casting ofl or putting away of a woman betrothed; also, hnt less usually, of a wife; divorcement.

In ecclesiastical law. The refusal to accept a benehce which has been conferred upon the part} repudiiiting.

Ill-IPUDIUM. Lat. In Roman law. A breaking off of the contract of espnusols. or of a marriage intended to be soieninized. Sometimes translated "divorce;" but this was not the proper sense. Dig. 50, 16, I91.

REPUGNANCY. An inconsistency, opposition, or contrariety between two or more clauses of the same deed or contract, or between two or more niaterlal allegations of the same pleading. See Lehman v. U. S., 127 Fed. 45, 61 C. C. A. 577; SWBJJ v. U. 5., B Wyo. 151, 9 Pac. 931.

REPUGNANT. That which is contrary to what is stated before, or insensible. A repugnant condition is void.

Repntatio est vulgar-is opinio ubl non out vex-ital. Et vulgar-in opinio est du- plex, sci.l.: Opinio vulgai-is ortn inter zz-awes at disc:-etos liominea, at qnia vnltum veritatia lrabet; at opinlo tantum orta inter levea at vulgares lio- mines, absqne specie vex-itatis. Reputation is common opinion where there is not truth. And common opinion is of two kinds, to-wit: Common reputation arising among grave and sensible men, and which has the appearance of truth: and mere opinion arising among foolish and ignorant men, without any appearance of truth. 4 Coke, 107.

REPUTATION. A person's credit, honor, character. good name. Injuries to one’s rep- utation, which is a personal right, are defamatory and malicious words, libels, and malicious indictments or prosecutions.

Reputation of a person is the estimate in which lie is held by the public in the place where be is known. Cooper v. Greeley, 1 Denio (N. r.) 347.

In the law of evidence, matters of public and general interest. such as the boundaries of counties or towns, rights of common, claims of highway, etc., are allowed to be prmed by general reputation; e. _q., by the declaration of deceased persons made ante litrm moiam, by old documents. etc.. not- withstaudnig the general rule against secondary evidence. Bat, Ev. 632.

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RERUM ORDO CONFUNDITUR

REPUTED. Accepted by general. viiigar, or public opinion. Thus, land may hi reputed part of a manor, though not really so, and a certain district may be reputed I parish or a manor, or be a parish or a manor in reputation, although it is in reality no parish or manor at all. Brown. —Rcpnted owner, see OwNEs.

REQUEST. An asking or petition: the expression of a desire to some person for something to be granted or done; particu- larly for the payment of a debt or perform- ance of a contract.

The_ two VlOl‘llS, "request" and “require." as used in notices to creditors to present claims against an estate, are of the same or-igin, and urtuall synonymous. Prentice v. Whitney, 8 IIun ( . Y.) 300.

In pleading. The statament in the plaintiff's declaration that the particular payment or performance, the failure of which constitutes the cause of action, was duly requested or demanded of the defendant —Request, letters of. In English law. Many suits are brought before the Dean of the Arcbes as original judge, the cognizi oz of which properly belongs to interior Jurisxlctions within the province, but in respect of which the inferior judge has waived his jurisdiction under a certain form of proceeding known in the canon law by the denomination of "letters of request." 3 Staph. Comm. 306.—B.equest note. In English law. A note requesting permission to remove dutlable goods from one place to another without paying the e)'Cise.—B.equests, court: of. See Connrs gr R.EQUESTS.—5pec-inl re- quest. A request actually made, at a particu- lar time and place. This term is used in contradistinction to a general request, whid: need not state the time when nor place where made 3 Bouv. Inst. no. %3.

REQIIISITION. A demand in writing. or formal request or requirement. Batu V. State, 61 Ala. 79; Atwood v. Charlton, 21 K I. 568, 45 At]. 580.

In international law. The formal de mand by one government upon another. or by the governor of one of the United States upon the governor of a sister state, of the surrender of a fugitive criminal.

In scotch law. A demand made by a

creditor that a debt he paid or an obligation fulfilled. Bell. —Requ.isitinns on title. in English convey- ancing, are written inquiries made by the sollcitor of an intending purchaser of land, or of any estate or interest therein, and addressed to the vendor's solicitor. in respect of some apparent insufficiency in the abstract of title. Mozley 8: Whitley.

REREPIEFS. In Scotch law. Inferior fiefs; portions of a that or feud granted out to interior tenants. 2 Bl. Comm. 57.

Rex-um ox-do onnfnnditur Ii unioniqna jurisdiotio non servetnr. 4 Inst. Proem. The order of things is confounded if every

one preserve not his jurisdiction.