Departure

[L. Lat, departura, decessu^.] In pleading. The abandonment of the ground of a former pleading, and the adoption of another.* 2 Saund, 84, a note (1). A departure takes place when, in any pleading, the party deserts the ground that he took in his last antecedent pleading and resorts to another. Steph, PI.

410.

Or, in other words, when the second pleading contains matter not pursuant to the former, and which does not support and fortify it.

Co. Litt. 304 a.

Hence a departure obviously can never take place till the replication.

Steph, PL 410.

The rule against departure is a primary one in pleading, and is ably illustrated by Mr. Stephen. Each subsequent pleading must pursue or support the former one; i. e. the replication must support the declaration, and the rejoinder the plea, without departing out of it.

3 Bl, Com. 310.

DEPARTURE IN DESPITE OF