departure


Also found in: Dictionary, Thesaurus, Financial, Acronyms, Encyclopedia, Wikipedia.
See: abandonment, abdication, absence, death, demise, desertion, detour, deviation, difference, digression, discrepancy, egress, end, extremity, flight, indirection, innovation, leave, nonconformity, quirk, relinquishment, removal, resignation, termination

DEPARTURE, pleading. Said to be when a party quits or departs from the case, or defence, which he has first made, and has recourse to another; it is when his replication or rejoinder contains matter not pursuant to the declaration, or plea, and which does not support and fortify it. Co. Litt. 304, a; 2 Saund. 84, a, n. (1); 2 Wils. 98; 1 Chit. Pl. 619. The following example will illustrate what is a departure: if to assumpsit, the defendant plead infancy, and to a replication of necessaries, rejoin, duress, payment, release, &c., the rejoinder is a departure, and a good cause of demurrer, because the defendant quits or departs from the case or defence which he first made, though either of these matters, newly pleaded, would have been a good bar, if first pleaded as such.
     2. A departure in pleading is never allowed, for the record would, by such means, be spun out into endless prolixity; for he who has departed from and relinquished his first plea, might resort to a second, third, fourth, or even fortieth defence; pleading would, by such means, become infinite. He who had a bad cause, would never be brought to issue, and he who had a good one, would never obtain the end of his suit. Summary on Pleading, 92; 2 Saund. 84, a. n. (l); 16 East, R. 39; 1 M. & S. 395 Coin. Dig. Pleader, F 7, 11; Bac. Abr. Pleas, L; Vin. Abr. Departure; 1 Archb. Civ. Pl. 247, 253; 1 Chit. Pl. 618.
     3. A departure is cured by a verdict in favor of him who makes it, if the matter pleaded by way of departure is a sufficient answer, in substance, to what is before pleaded by the opposite party; that is, if it would have been sufficient, if pleaded in the first instance. 2 Saund. 84 1 Lill. Ab. 444.

DEPARTURE, maritime law. A deviation from the course of the voyage insured. 2. A departure is justifiable or not justifiable it is justifiable ill consequence of the stress of weather, to make necessary repairs, to succor a ship in distress, to avoid capture, of inability to navigate the ship, mutiny of the crew, or other compulsion. 1 Bouv. Inst. n. 1189.

References in classic literature ?
The simple admirer of the war-horse instantly fell back to a low, gaunt, switch-tailed mare, that was unconsciously gleaning the faded herbage of the camp nigh by; where, leaning with one elbow on the blanket that concealed an apology for a saddle, he became a spectator of the departure, while a foal was quietly making its morning repast, on the opposite side of the same animal.
But Mercedes did not witness his departure, although she was seated at the little window of the room which had been occupied by old Dantes.
The Departure is distinctly a ceremony of navigation.
Lizabetha Prokofievna received confirmatory news from the princess--and alas, two months after the prince's first departure from St.
Aramis watched the departure, and when left alone with Porthos:
On the eve of his departure from Petersburg Prince Andrew brought with him Pierre, who had not been to the Rostovs' once since the ball.
He had neglected the Farebrothers before his departure, from a proud resistance to the possible accusation of indirectly seeking interviews with Dorothea; but hunger tames us, and Will had become very hungry for the vision of a certain form and the sound of a certain voice.
It was a mighty engineering job with only wild Arabs and their wilder mounts to do the work of an electric crane--but finally it was completed, and I was ready for departure.
he had asked, although he knew that she had not been advised that an early departure was planned.
His departure was a thing that passed into the history of the Yukon along with his other deeds.
He had reached the station, some time after the departure of the London train.
The person answerable for this premature departure was Francis Westwick.