Departure

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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 ?
For instance, I have seen even fond mothers so far indulge their guileless, elegant daughters--misses of fifteen or sixteen--as to give them a few gold coins and teach them how to play; and though the young ladies may have won or have lost, they have invariably laughed, and departed as though they were well pleased.
Jones accepted this advice with thanks, and immediately departed. The squire now regained the liberty of his hands, and so much temper as to express some satisfaction in the restraint which had been laid upon him; declaring that he should certainly have beat his brains out; and adding, "It would have vexed one confoundedly to have been hanged for such a rascal."
Taking with her some jewels that belonged to her and a sum of money, she quitted Italy with an attendant, a native of Leghorn, but who understood the common language of Turkey, and departed for Germany.
A careless warrior had laid it there and departed, forgetting.
When the warriors had departed from the prison in which Ghek was confined, the kaldane crawled from the shoulders of the rykor to the table.
In the lead was an officer, and just behind him, wide-eyed and perhaps still a little ashen, the warrior who had so recently departed in haste.
He has gone from the guddee and put on the shroud, And departed in guise of bairagi avowed!
As soon as they were well away, the Fox departed without taking any notice of the Woodcutter: whereon he called to him and reproached him, saying, "You ungrateful fellow, you owe your life to me, and yet you leave me without a word of thanks." The Fox replied, "Indeed, I should have thanked you fervently if your deeds had been as good as your words, and if your hands had not been traitors to your speech."
Then there was a dispute about who saw the dead boys last in life, and many claimed that dismal dis- tinction, and offered evidences, more or less tampered with by the witness; and when it was ultimately decided who DID see the departed last, and exchanged the last words with them, the lucky parties took upon them- selves a sort of sacred importance, and were gaped at and envied by all the rest.
The minister related many a touching incident in the lives of the departed, too, which illustrated their sweet, generous natures, and the people could easily see, now, how noble and beautiful those episodes were, and remembered with grief that at the time they occurred they had seemed rank rascalities, well deserving of the cowhide.
"No," said he, "that is the sort of man that I am--that is all that I am good for," and departed. Next, encountering myself in the corridor, he took my hands in his, and gazed into my face with a rather curious air.
From Multan, the first flight would depart on July 6, while the first flight from Quetta, will depart on July 7 (Sunday).

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