withernam

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 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 replevied; and he is thereby further commanded that he do return to the court in what manner he shall have executed the writ

Black's law dictionary. . 1990.

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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

  • 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

  • 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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