Departure

In Maritime Law. A deviation from the course prescribed in the policy of insurance. It may be justifiable. See "Deviation." In Pleading, The statement of matter in a replication, rejoinder, or subsequent pleading, as a cause of action or defense, which is not pursuant to the previous pleading of the same party, and which does not support and fortify it. 3 Bl. Comm. 301. Where a party quits or departs from the case or defense he has just made, and has recourse to another. 13 N. Y. 89.

In Maritime Law. A deviation from the course prescribed In the policy of insurance. See Deviation-. In Pleading. The statement of matter in a replication, rejoinder, or subsequent pleading, as a cause of action or defence, which is not pursuant to the previous plea din,' of the same party, and which does not support vents reaching an is>ue; Kimberlin v. Carter, 49 Ind. Ill; White v. Joy, L3 N. T. 83, 89; 2 Wins. Saund. a, n. 1; Steph. PL 410. A replication in tort following a declaration in contract is ■■ B36: and so it tireiy different chart port the declaration and the Johnson v. Bank, 59 Kan. 250, 52 change of an immaterial point Ifi no depart lire; 1 Btra. -1; nor is it if one < pleadings merely fortifies the former; 1 Lev. 81; nor where the replication i a prima facie defence Bel up by the plea, as a statute against a claim of CO! law right; 2 B. ft s. 402; nor the allegation in reply of new matter necessary to meet the allegations of the answer, if not contradlctoatated In the original plead- I. v. Allen, 74 Kan. - Pac. 252, 8 L. EL A. (N. s.i 291; Mc Lachlin v. Barker, 84 Mo. App. 511; ' ■ hens 38 or. r.ii'. 63 Pac. 7' 0, 64 Pac 319; Mc Fadden v. Schroeder, 4 Ind. App. _ I N. B. 491, 30 N. E. 711: nor t: ting out of previous averments in gi detail; Zorn v. Livesley, 44 Or. 501, 7.". Pac 1037. It is to be taken advantage of by demurrer, general; 5 D. ft II. 295; Sterns v. Patterson, it Johns. (N. Y.i L32; Keay v. G Iwin, 16 Mass. 1; or special; - Saund. 84; i Pleader (F 10); Hanover Fire Ens. <'o. of City of New York v. Brown, 77 Md. Atl. 989, 27 Atl. 31 1. 30 Am. St. Rep. 386..A departure is cured by a verdict in favor of him who makes it, if the matter p] by way of departure is a sufficient answer in substance to what has been before pl< by the opposite party; that is. if it would have been sufficient if pleaded in the first instance; 2 Saund. 84; l Lilly, Abr. 444.

In maritime law. A deviation from the course prescribed in the policy of insuraube.

In pleading. The statement of matter in a replication, rejoinder, or subsequent pleading, as a cause of action or defense, which is not pursuant to the previous pleading of the same party, and which does not support and fortify it. 2 Williams, Saund. 84a, note 1; 2 Wlls. 98; Co. Litt 3O4o; Railway Co. v. Wyler, 158 U. S. 285, 15 Sup. CL 877, 39 L. Ed. 983. A departure, in pleading, is when a party quits or departs from the case or defense which he has first made, and has recourse to another. White v. Joy, 13 N. Y. 83; Alien v. Watson, 16 Johns. (N. Y.) 205; Kimberlin v. Carter, 49 Ind. 111. 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. 3O4o. Hence a departure obviously can never take place till the replication. Steph. Pi. 410. 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. Comm. 310.

A parting from; a going away law of limitations, such an absence pends the power of the other party to donment of the ground of a former another; in marine insurance, deviation course contemplated by the policy.

In old English law. Departure in despite tenant in a real action, after once court, to appear on demand.

A shiftmg up one defence in the

[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

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.