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    Withernam

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    • Sarahundefined
      Sarah
      last edited by

      A second or reciprocal distress of other goods in lieu of goodswhich were taken by a first distress and have been eloigned; a takingby way of reprisal; -- chiefly used in the expression capias inwithernam, which is the name of a writ used in connection with theaction of replevin (sometimes called a writ of reprisal), whichissues to a defendant in replevin when he has obtained judgment for areturn of the chattels replevied, and fails to obtain them on thewrit of return. Blackstone.

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