Category:Withernam

With"er*nam, n. Etym: [as. withernam; wither against + nam a seizure, Fr. niman to take.] (law)

Defn: 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.