What does "withernam" mean?
Withernam: 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.
Sources
- Webster's Unabridged Dictionary, 1913 edition (public domain, via GCIDE / Project Gutenberg).
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- Published: 2026-07-17T00:00:00-07:00 · Modified: 2026-07-17T00:00:00-07:00