Withernam
Withernam With"er*nam, n. [AS. wi[eth]ern[=a]m; wi[eth]er against + n[=a]m a seizure, fr. niman to take.] (Law) A second or reciprocal distress of other goods in lieu of goods which were taken by a first distress and have been eloigned; a taking by way of reprisal; -- chiefly used in the expression capias in withernam, which is the name of a writ used in connection with the action of replevin (sometimes called a writ of reprisal), which issues to a defendant in replevin when he has obtained judgment for a return of the chattels replevied, and fails to obtain them on the writ of return. --Blackstone. [1913 Webster] [1913 Webster]

The Collaborative International Dictionary of English. 2000.

Look at other dictionaries:

  • withernam — See in withernam …   Ballentine's law dictionary

  • withernam — ˈwithə(r)ˌnäm noun ( s) Etymology: Middle English, from Anglo French, from Old English wither against + nām seizure, from niman to take more at with …   Useful english dictionary

  • withernam — with·er·nam …   English syllables

  • withernam — /wifornam/ A taking by way of reprisal; a taking or a reprisal of other goods, in lieu of those that were formerly taken and eloigned or withholden. A reciprocal distress, in lieu of a previous one which has been eloigned. 3 Bl.Comm. 148. The… …   Black's law dictionary

  • de homine capto in withernam — /diy homaniy kaeptow an wiflarnam/ (Lat. For taking a man in withernam.) A writ to take a man who had carried away a bondman or bondwoman into another country beyond the reach of a writ of replevin …   Black's law dictionary

  • de homine capto in withernam — /diy homaniy kaeptow an wiflarnam/ (Lat. For taking a man in withernam.) A writ to take a man who had carried away a bondman or bondwoman into another country beyond the reach of a writ of replevin …   Black's law dictionary

  • de averiis captis in withernam — Same as averiis captis in withernam …   Ballentine's law dictionary

  • de executione facienda in withernam — A writ of execution in withernam; that is in retaliation or by way of reprisal …   Ballentine's law dictionary

  • de homine capto in withernam — For taking a man in withernam,–a writ for taking, by way of reprisal or retaliation, a person who had himself taken a bondman out of the country …   Ballentine's law dictionary

  • homine capto in withernam — See de homine capto in withernam …   Ballentine's law dictionary

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