Legal Definition and Related Resources of Capias in withernam

A writ directing the sheriff to take other goods of a distrainor equal in value to a distress which he has formerly taken and still withholds from the owner beyond the reach of process. When chattels taken by distress were decided to have been wrongfully taken, and were by the distrainor eloigned, that is, carried out of the county Or concealed, the sheriff made such a return. Thereupon this writ issued, thus putting distress against distress. Goods taken in withernam are irrepleviable till the original distress be forthcoming. 3 Bl. Comm. 148.

What does Capias In Withernam mean in American Law?

The definition of Capias In Withernam in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

In an action of replevin, or upon a distraint the plaintiff might come into possession of particular goods claimed also by the defendant. The plaintiff might also, under certain circumstances (e.g., the goods involved had been concealed), get a writ directing the sheriff to seize equivalent goods of the defendant. Now, if the defendant got a judgment directing the goods to be returned, and the plaintiff eloigned, i.e., took the goods out of the jurisdiction, then this writ capias in withnam might be issued commanding the sheriff to seize equivalent goods of the original plaintiff on behalf of the original defendant. When the latter “uneloigned,” so to speak, he could get his own goods back.

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This definition of Capias In Withernam Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

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Capias in Withernam