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Withernam

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In practice

The name of a writ which issues on the return of elongata to an alias or pluries writ of replevin, by which the sheriff is commanded to take ly, not to deliver them to the plaintiff until such time as the defendant chooses to submit himself and allow the distress, and the whole of it to be replevied, and he is thereby further commanded that he do return to the court in what manner he shall have executed the writ.

Hammond, N. P. 453; 2 Inst. 140; Pitzh. Nat. Brev. 68, 69; Grotius de Jure Belli, 3. 2. 4. note 1.