Capias In Withernam in United States
Capias In Withernam Definition
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.
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Legal Issue for Attorneys
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.
Notice
This definition of Capias In Withernam is based on The Cyclopedic Law Dictionary. This entry needs to be proofread.
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