withernam

Defined in 9 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Stimson (1881), Abbott (1879), Bouvier (1839)

Definitions from Case Law

From 2 U.S. 68 - Woglam v. Cowperthwaite · 1790Most cited · 8 citing opinions

after an Elongata returned, a Withernum may go against the general goods of the tenant.

The Cyclopedic Law Dictionary

Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

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.

Ballentine's Law Dictionary

James A. Ballentine · 1916

See In withernam.

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

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 the defendant’s own goods which may be found in his bailiwick, and keep them safely, 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 Hamm. N. P. 453; Co. 2d Inst. 140; Fitzh. N. B. 68, 69.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

In practice. A taking by way of reprisal; a taking or a reprisal of other goods, in lieu of those that were formerly token and eloigned or withholden. 2 Inst. 141. A reciprocal distress, in lieu of a previous one which has bcen eloigned. 3 Bl. Comm. 148.

A Law Dictionary and Glossary

George C. Kinney · 1893

sax. and eng., Withe.rnaiuiam, by way of reprisal; a taking of taken and e Joined or withheld so taking being by way of reprisal holding.

Glossary of Technical Terms, Phrases, and Maxims of the Common Law

Frederic Jesup Stimson · 1881

sax., Withernamium, I. in reprisal; as when a distress has eloigned so that they caimot be replevied, a writ to take other goods in withernam,

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

See Capias.

A Law Dictionary, Adapted to the Constitution and Laws of the United States

John Bouvier · 1839

practice. The name of a writ which issues on the return to an alias or pluries writ of replevin, of elongata, by which the sheriff is commanded to take the defendant’s own goods which may be found in his bailiwick, and keep them safely, 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. Hamm. N. P. 453; 2 Inst. 140; F. N. B. 68, 69; 19 Vin. Ab. 7; 7 Com. Dig. 674; Grotius, 3, 2, 4, n. 1.