writ of withernam

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• 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… …   The Collaborative International Dictionary of English

• writ of reprisal — withernam 2 …   Useful english 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 — /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 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

• capias in withernam — A writ which issued against the goods or beasts of a distrainor who had eloigned unlawfully removed out of the county, or concealed the goods or beasts which he had distrained. Thus, there was a distress against a distress by way of reprisal for… …   Ballentine's law dictionary

• averiis captis in withernam — /aviriyas kaeptas in wiaarnam/ In old English pleading, a writ granted to one whose cattle were unlawfully distrained by another and driven out of the county in which they were taken, so that they could not be replevied by the sheriff …   Black's law dictionary

• capias in withernam — /keypiyas in wiSarnam/ A writ, in the nature of a reprisal, which lies for one whose goods or cattle, taken under a distress, are removed from the county, so that they cannot be replevied, commanding the sheriff to seize other goods or cattle of… …   Black's law dictionary