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withernam

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  1. 1. n. 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. Source: opted
  2. 2. 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. Source: webster
  3. 3. A second or reciprocal distress of other goods in lieu of goodswhich were taken by a first distress and have been eloigned; a takingby way of reprisal; -- chiefly used in the expression capias inwithernam, which is the name of a writ used in connection with theaction of replevin (sometimes called a writ of reprisal), whichissues to a defendant in replevin when he has obtained judgment for areturn of the chattels replevied, and fails to obtain them on thewrit of return. Blackstone. Source: adambom

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