KFLCC Kingdom Law 2nd Ed.

REPUDIATION

1022

RERUM ORDO CONFUNDITUR

REPUDIATION. Rejection; disclaimer; renunciation; the rejection or refusal of an offered or available right or privilege, or of a duty or relation. See Iowa State Sav. Bank v. Black, 91 Iowa, 490, 59 N. W. 283; Daley v. Saving Ass'n, 178 Mass. 13, 59 N. E. 452. The refusal on the part of a state or gov ernment 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 off or put ting away of a woman betrothed; also, but less usually, of a wife; divorcement. In ecclesiastical law. The refusal to accept a benefice which has been conferred upon the party repudiating. REPUDIUM. Lat In Roman law. A breaking off of the contract of espousals, or of a marriage intended to be solemnized. Sometimes translated "divorce;" but this was not the proper sense. Dig. 50, 16, 191. REPUGNANCY. An inconsistency, op position, or contrariety between two or more clauses of the same deed or contract, or be tween two or more material allegations of the same pleading. See Lehman v. U. S., 127 Fed. 45, 61 C. C. A. 577; Swan v. U. S^ 8 Wyo. 151, 9 Pac. 931. REPUGNANT. That which is contrary to what is stated before, or insensible. A repugnant condition is void. Reputatio est vulgaris opinio ubinon est Veritas. Et vulgaris opinio est du plex, sell.: Opinio vulgaris orta inter graves et discretos homines, et quso vultuxn veritatis hahet; et opinio tan tum orta inter leves et vulgares ho mines, absque specie veritatis. Reputa tion 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 aris ing 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 de famatory and malicious words, libels, and malicious indictments or prosecutions. Reputation of a person is the estimate in which he is held by the public in the place where he is known. Cooper v. Greeley, 1 Demo (N. Y.) 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 proved by general reputation; e. g., by the declaration of deceased persons made ante litem motam, by old documents, etc., not withstanding the general rule against sec ondary evidence. Best, Ev. 632.

REPUTED. Accepted by general, vul gar, or public opinion. Thus, land may be reputed part of a manor, though not really so, and a certain district may be reputed a parish or a manor, or be a parish or a manor in reputation, although it is in reality no 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 words, "request" and "require," as used in notices to creditors to present claims against an estate, are of the same origin, and virtually synonymous. Prentice v. Whitney, 8 Hun (N. Y.) 300. In pleading. The statement In the plain tiff's declaration that the particular payment or performance, the failure of which consti tutes 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 Arches as original judge, the cognizance of which properly belongs to inferior jurisdictions 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 Steph. Comm. 306.—Request note. In Eng lish law. A note requesting permission to re move dutiable goods from one place to another without paying the excise.—Requests, courts of. See COUBTS jf REQUESTS.—Special re quest. A request actually made, at a particu lar time and place. This term is used in con tradistinction to a general request, which need not state the time when nor place where made. 3 Bouv. Inst no. 2843. REQUISITION. A demand In writing, or formal request or requirement. Bain v. State, 61 Ala. 79; Atwood v. Charlton, 21 R. I. 568, 45 Atl. 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 be paid or an obligation fulfilled. Bell. —Requisitions on title, in English convey ancing, are written inquiries made by the so licitor of an intending purchaser of land, or of any estate or interest therein, and addressed to the vendor's solicitor, in respect of some appar ent insufficiency in the abstract of title. Mozley & Whitley. REREFIEFS. In Scotch law. Inferior fiefs; portions of a fief or feud granted out to Inferior tenants. 2 Bl. Comm. 57. Rerum ordo oonfunditur si uniouique jurisdictio non servetur. 4 Inst. Proem. The order of things is confounded if every one preserve not his jurisdiction. parish or manor at all. Brown. —Reputed, owner, see OWNEB.

Made with FlippingBook - professional solution for displaying marketing and sales documents online