withername
English edit
Alternative forms edit
Etymology edit
From Middle English, from Old English wiþernām (“seizure”, literally “a take-back”), from Old Norse viðrnam, equivalent to wither- (“against”) + nim. More at wither, nim.
Pronunciation edit
Noun edit
withername (uncountable)
- (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
Usage notes edit
- 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.