departure

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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 ?
But God, who ordered it otherwise, afforded no opportunity for our renegade's well-meant purpose; and he, seeing how safely he could go to Shershel and return, and anchor when and how and where he liked, and that the Tagarin his partner had no will but his, and that, now I was ransomed, all we wanted was to find some Christians to row, told me to look out for any I should he willing to take with me, over and above those who had been ransomed, and to engage them for the next Friday, which he fixed upon for our departure.
Fanny told of their departure, and delivered their message.
The morning after these departures would have been a dull morning indeed, but for the presence of Mirabel.
Winged by this hope, and goaded by these fears, I hurried homewards to prepare for my departure on the morrow.
In an instant the whole camp was in motion; the meanest soldier arousing from his lair to witness the departure of his comrades, and to share in the excitement and incidents of the hour.
I look upon my departure from Colonel Lloyd's plantation as one of the most interesting events of my life.
Miss Garth had delicately refrained from showing it, but she must naturally have felt, and must still be feeling, great surprise at the mystery in which their departure had been involved; and she must doubtless have asked herself why Mrs.
Conseil," said I again, beginning with feverish hands to make preparations for my departure.
He mechanically set about making the preparations for departure.
For this reason the Iliad and the Odyssey each furnish the subject of one tragedy, or, at most, of two; while the Cypria supplies materials for many, and the Little Iliad for eight--the Award of the Arms, the Philoctetes, the Neoptolemus, the Eurypylus, the Mendicant Odysseus, the Laconian Women, the Fall of Ilium, the Departure of the Fleet.
Landfall and Departure mark the rhythmical swing of a seaman's life and of a ship's career.
The harbor of New York would doubtless be blockaded, and the departure of the annual supply ship in the autumn prevented; or, if she should succeed in getting out to sea, she might be captured on her voyage.