With"er*nam (?), n. [AS. wi[eth]ernam; wi[eth]er against + nam a seizure, fr. niman to take.] Law

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.


<-- final segment of the main dictionary !! -->


© Webster 1913.

Log in or register to write something here or to contact authors.