capias in withernam

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 the eloignment, and the goods or beasts seized under the writ could not be replevied by their owner until the original distress was forthcoming. See 3 Bl Comm 148.

Ballentine's law dictionary. . 1998.

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Look at other dictionaries:

  • capias in withernam — noun see withernam …   Useful english 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

  • 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

  • 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 — 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

  • de executione facienda in withernamium — /diy eksakyuwshiyowiy faes(h)iyenda in wiSsrneymiyam/ Writ for making execution in withernam. A species of capias in withernam …   Black's law dictionary

  • de executione facienda in withernamium — /diy eksakyuwshiyowiy faes(h)iyenda in wiSsrneymiyam/ Writ for making execution in withernam. A species of capias in withernam …   Black's law dictionary

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