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 periodicals archive ?
To substantially reduce departure rates, the most logical approach would include taking on substantial-assistance departures.
The court held that departure from the tables was appropriate when the taxpayer provided a more realistic and reasonable valuation method, because the tables did not reasonably approximate the FMV of a California lottery prize subject to anti-assignment restrictions.
To this event Hilary Gatti devotes her essay, "Bruno and the Protestant Ethic," which takes as its point of departure Weberian theory, seeking to prove by way of interesting (if not, in my judgment, entirely persuasive, reasoning) that the relationship between Bruno and Protestantism cannot be made in the paradigm of radical contraposition.
Gates open 90 minutes before departure, boarding starts 45 minutes before each flight and gates close 20 minutes before departure.
The spokesman said that though passengers had been informed by PIA call Centre on their contact numbers for temporary change in scheduled departures and arrivals, those passengers who had not provided their contact numbers at the time of booking were requested to contact PIA call Centre at 11 786 786 regarding arrivals and departures of their flights.
A[cedilla] EY077 to Amsterdam (AMS) departure time 9:30 am
WY 294 -- Calicut (CCJ) to Muscat (MCT), (departure: 19:45, arrival: 21:55)
The Midway Three departure for Runways 4L and 4R, if interpreted on its face, would have indeed involved extra maneuvering just after takeoff, as we discussed.
In an advisory, the management reminded passengers to arrive at least two hours before departure for domestic flights, and three hours for international flights 'to allow ample time for check-in, security checks, immigration checks, and process pre-departure requirements.'
Passengers have been asked to report at least three hours before the scheduled departure time of flights at the new Muscat International Airport on March 20.
In addition to poor weather conditions, particularly in winter, the airport attributes a surge in the number of flights passing through Chinese airspace to its delayed departure record.