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Withernam
(gcide) | 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.
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WITHERNAM
(bouvier) | WITHERNAM, practice. The name of a writ which issues on the return of
elongata to an alias or pluries writ of replevin, by which the sheriff is
commanded to take the defendant's own goods which may be found in his
bailiwick, and keep them safely, not to deliver them to the plaintiff until
such time as the defendant chooses to submit himself, and allow the
distress, and the whole of it, to be reprieved, and he is thereby further
commanded that he do return to the court in what manner he shall have
executed the writ. Hamm. N. P. 453; 2 Inst. 140; F. N. B. 68, 69; 19 Vin.
Ab. 7; 7 Com. Dig. 674; Grotius, 3, 2, 4, n. 1.
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AVERIIS CAPTIS IN WITHERNAM
(bouvier) | AVERIIS CAPTIS IN WITHERNAM, Eng. law. The name of a writ which lies in
favor of a man whose cattle have been unlawfully taken by another, and
driven out of the county where they were taken, so that they cannot be
replevied.
2. This writ issues against the wrong doer to take his cattle to the
plaintiff's use. Reg. of Writs, 82.
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CAPIAS IN WITHERNAM
(bouvier) | CAPIAS IN WITHERNAM, practice. A writ issued after a return of elongata or
eloigned has been made to a writ of retorno habendo, commanding the sheriff
to take so many of the distrainer's goods by way of reprisal, as will equal
the goods mentioned in the retorno habendo. 2 Inst. 140; F. N. B. 68; and
see form in 2 Sell. Pr. 169.
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HOMINE CAPTO IN WITHERNAM
(bouvier) | HOMINE CAPTO IN WITHERNAM, Engl. law.. The name of a writ directed to the
sheriff, and commanding him to take one who has taken any bondsman, and
conveyed him out of the country, so that he cannot be replevied. Vide
Withernam; Thesaurus, Brev. 63.
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WITHERNAM
(bouvier) | WITHERNAM, practice. The name of a writ which issues on the return of
elongata to an alias or pluries writ of replevin, by which the sheriff is
commanded to take the defendant's own goods which may be found in his
bailiwick, and keep them safely, not to deliver them to the plaintiff until
such time as the defendant chooses to submit himself, and allow the
distress, and the whole of it, to be reprieved, and he is thereby further
commanded that he do return to the court in what manner he shall have
executed the writ. Hamm. N. P. 453; 2 Inst. 140; F. N. B. 68, 69; 19 Vin.
Ab. 7; 7 Com. Dig. 674; Grotius, 3, 2, 4, n. 1.
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