Depabtube

Parting from, separation, going away; relinquishment, dereliction. 1. " Departure from the State," said of a debtor, in a statute of limitations, does not mean temporary absence from the State, while his usual place of residence continues therein, but such absence as entirely suspends the power of the plaintiff to commence his action.* See Abscond; Absence; Start. 2. In marine insurance, deviation from the course prescribed. Imports an effectual leaving of the place behind. If the vessel be detained or driven back, though she may have sailed, there is no departure." See Deviation. 3. In pleading, the dereliction of an antecedent ground of complaint or defense for another distinct from and not fortifying the former ground.* In the several stages of the process ot pleading a party must not depart or vary from the title or defense he has once insisted on. For this, which is called a " departure," might occasion endless altercation. Therefore the replication must support the declaration, and the rejomder the plea, without departing from it.' When a party quits or departs from the case or defense which he has first made, and has recourse to another.' Occurs when, for example, the replication or rejoinder contains matter not pursuant to the declaration or plea, not supporting and fortifying it. May arise in the replication or a subsequent pleading. If parties were permitted to wander from fact to fact, forsaldng one to set up another, no issue could be ' Runkle v. United States, 122 U. S. 557 (1887). « Miller v. Mayor of New York, 109 U. S. 335, 394 (1883). » Butterworth v. Hoe, 112 U. S. 50, 55 (1884), cases. * Blodgett V. Utley, 4 Neb. 29 0875), Maxwell, J. "Union Ins. Co.' v. Tysen, 3 Hill, 126 (1842), cases, Cowen, J. See Sloop Active v. United States, 7 Cranch, 100(1812). « Gould, PI. 421 — Ch. VTII, sec. 65. joined, nor could there be any termination of the suit. A departure may be in the substance of the action or defense, or in the law on which it Is founded.' ' Taken advantage of by a demurrer, general or special." Compare Variance; Duplicity. See Assignment, New.