Withername

Alternative forms

• withernam

Origin

From Middle English, from Old English wiþernām ("seizure", literally a take-back), from Old Norse viðrnam, equivalent to -("against") + nim. More at wither, nim.

Full definition of withername

Noun

1. (legal) 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

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.