Law Dictionary

reputation

evidence. The opinion generally entertained by persons who know another, as to his character, (q. v.) or it is the opinion generally entertained by person; who know a family as to its pedigree, and the like.

2. In general, reputation is evidence to prove, 1st. A man's character in society. 2d. A pedigree. (q. v.) 3d. Certain prescriptive or customary rights and obligations and matters of public notoriety. (q. v.) But as such evidence is in its own nature very weak, it must be supported. 1st. When it relates to the exercise of the right or privilege, by proof of acts of enjoyment of such right or privilege, within the period of living memory; 1 Maule & Selw. 679; 5 T. R. 32; afterwards evidence of reputation may be given. 2d. The fact must be of a public nature. 3d. It must be derived from persons likely to know the facts. 4th. The facts must be general and, not particular. 5th. They must be free from suspicion. 1 Stark. Ev. 54 to 65. Vide 1 Har. & M'H. 152; 2 Nott & M'C. 114 5 Day, R. 290; 4 Hen. & M. 507; 1 Tayl. R. 121; 2 Hayw. 3; 8 S. & R. 159; 4 John. R. 52; 18 John. R. 346; 9 Mass. R. 414; 4 Burr. 2057; Dougl. 174; Cowp. 594; 3 Swanst. 400; Dudl. So. Car. R. 346; and arts. Character; Memory.

Source : Bouvier 1856

Language : English

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