Departure
A Law Dictionary, Adapted to the Constitution and Laws of the United States · John Bouvier · 1839
A Law Dictionary, Adapted to the Constitution and Laws of the United States
pleading, is 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.
A departure in pleading is never allixity; 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.(1); 16 East, 39; 1M. &S. 396; Com. Dig. Pleader, (F 7), (F 11); Bac. Abr. Pleas, L; Vin. Abr. Departure; 1 Archb. Civ. Pl. 247, 253; 1 Chit. Pl. 618.