Legal Definitions - de averiis captis in withernamium

Definition: De averiis captis in withernamium (dee -veer-ee-is kap-tis in with-r-nay-mee-um) is a legal term that refers to a writ that directs a sheriff to detain a defendant's cattle because the defendant had unlawfully taken the plaintiff's cattle out of the county. The defendant's cattle would be detained until the sheriff could replevy the plaintiff's cattle.

Example: If John takes Sarah's cows from her farm in one county and brings them to his farm in another county without her permission, Sarah can file a lawsuit against John. She can ask the court to issue a writ of de averiis captis in withernamium, which will direct the sheriff to detain John's cows until he returns Sarah's cows to her. Once John returns Sarah's cows, the sheriff will release his cows.

Explanation: The example illustrates how de averiis captis in withernamium works in a real-life situation. If someone takes another person's cattle without permission, the law provides a way for the victim to recover their property. The writ of de averiis captis in withernamium is a legal tool that helps the victim to get their cattle back and hold the offender accountable for their actions.