Capias In Withernam
Defined in 3 dictionaries — Cyclopedic (1922), Bouvier (1914), Black's (1910)
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
A writ directing the sheriff to take other goods of a distrainor equal in value to a distress which he has formerly taken and still withholds from the owner beyond the reach of process. When chattels taken by distress were decided to have been wrongfully taken, and were by the distrainor eloigned, that is, carried out of the county Or concealed, the sheriff made such a return. Thereupon this Goods taken in withernam are irrepleviable till the original distress be forthcoming. 3 Bl. Comm. 148.
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
A writ directing the sheriff to take other goods of a distrainor equal in value to a distress which he has formerly taken and still withholds from the owner beyond the reach of process. When chattels taken by distress were decided to have been wrongfully taken and were by the distrainor eloigned, that is, carried out of the county or concealed, the sheriff made such a return. Thereupon this writ issued, thus putting distress against distress. Goods taken in withernam are irreplevia-
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
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 the distrainor of equal value.
Defined under Capias in Black's Law Dictionary.