WITHERNAM, n. In withernam, in law, a second or reciprocal distress, in lieu of a first distress which has been eloigned; reprisal.
WITH'ER-NAM, n. [Sax. wither, against, and naman, to take.]
In withernam, in law, a second or reciprocal distress, in lieu of a first distress which has been eloigned; reprisal. – Blackstone.
- 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.