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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
8:00 Two marathons organized by the International Council for Military sports, point of departure: the Military Club, arrival: St.
For Jakob + Macfarlane, the roof formed a point of departure for the new insertions which are conceived as a series of planes extruded downwards and then cranked and kinked to define new spaces.
"I work for it, and I am constantly preoccupied with managing what happens within it." The formula sums up the deliriously methodical, ongoing project she embarked on in 1997: to create an imaginary company whose point of departure would be entirely of her own activities and that would at the same time escape any form of control.
The aircraft turned around and landed safely back at the point of departure.
Wheeldon's point of departure is Degas and the Paris Opera Ballet.
Kelley sees an intimate link between intellectual history (which includes ontogenetically the "history of ideas") and eclecticism, which is his point of departure in chapter 1.
Karl Tilman Winkler's contribution on American and German Juvenile Courts at the turn of the century, one of the more fully developed comparative articles, takes as a point of departure the use of American practice as a model by German reformers at a moment when the juvenile crime rate was rising dramatically in Germany.
(Wright's complex use of his religious background has never been adequately explored, and some of his positive remarks about religion could be used as a point of departure for a study of the crucial role which religion played in shaping his art.) Wright's surprising optimism, even when viewing racial problems in America, is also a persistent motif in these interviews and might cause some readers to reevaluate their view of Wright as an absolute determinist or a despairing existentialist.
Point of Departure: Cedars' forest of Tannourine up till the Cedar forest of Becharri.
The point of departure for this exhibition by David Casini, a Tuscan artist who lives in Geneva, was an untitled pair of portraits from 2003--one of John Calvin, the other of Guillaume Farel.
Projects of Madrid architects Inaki Abalos & Juan Herreros, showing how collage is a significant point of departure in their work, both as visualization technique and as supplying context for buildings and urban development.
All the papers share a common point of departure: the emphasis on Bruno as a philosopher by vocation.