capias in withernam

1 definition found

capias in withernam - Bouvier's Law Dictionary, Revised 6th Ed (1856) :

  CAPIAS IN WITHERNAM, practice. A writ issued after a return of elongata or 
  eloigned has been made to a writ of retorno habendo, commanding the sheriff 
  to take so many of the distrainer's goods by way of reprisal, as will equal 
  the goods mentioned in the retorno habendo. 2 Inst. 140; F. N. B. 68; and 
  see form in 2 Sell. Pr. 169.