Departure
De`par´ture
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.
AWOL,
French leave,
aberrancy,
aberration,
abscondence,
absence,
absence without leave,
absentation,
absenteeism,
absenting,
annihilation,
bane,
bend,
bias,
biological death,
blackout,
blocking,
branching off,
bypath,
byway,
cessation of life,
circuitousness,
clinical death,
contrariety,
contrast,
corner,
crook,
crossing the bar,
curtains,
curve,
cut,
day off,
death,
death knell,
debt of nature,
decampment,
decease,
declination,
default,
deflection,
dematerialization,
demise,
detour,
deviance,
deviancy,
deviation,
deviousness,
difference,
digression,
disaccord,
disaccordance,
disagreement,
disappearance,
disappearing,
disconformity,
discongruity,
discordance,
discrepancy,
discreteness,
discursion,
disparity,
dispersion,
dissent,
dissimilarity,
dissipation,
dissolution,
dissolving,
dissonance,
distinction,
distinctness,
divagation,
divarication,
divergence,
divergency,
diversion,
diversity,
dogleg,
doom,
double,
drift,
drifting,
dying,
ebb of life,
eclipse,
egress,
egression,
elimination,
end,
end of life,
ending,
episode,
erasure,
errantry,
escape,
eternal rest,
evanescence,
evaporation,
excursion,
excursus,
excused absence,
exit,
exodus,
exorbitation,
expiration,
extinction,
extinguishment,
extraction,
fadeaway,
fadeout,
fading,
far cry,
farewell,
final summons,
finger of death,
fleeing,
flight,
forthcoming,
furlough,
going,
going off,
going out,
grave,
hairpin,
hand of death,
heterogeneity,
holiday,
hooky,
inaccordance,
incompatibility,
incongruity,
inconsistency,
inconsonance,
indirection,
inequality,
inharmoniousness,
inharmony,
irreconcilability,
jaws of death,
knell,
last debt,
last muster,
last rest,
last roundup,
last sleep,
leave,
leave of absence,
leave-taking,
leaving,
leaving life,
loss of life,
making an end,
melting,
mixture,
nonappearance,
nonattendance,
nonconformity,
obliquity,
occultation,
odds,
opposition,
otherness,
outcome,
outcoming,
outgo,
outgoing,
parting,
passing,
passing away,
passing over,
pererration,
perishing,
quietus,
rambling,
release,
rest,
retreat,
reward,
running away,
sabbatical leave,
sentence of death,
separateness,
shades of death,
shadow of death,
sheer,
shift,
shifting,
shifting course,
shifting path,
sick leave,
side path,
side road,
sidetrack,
skew,
slant,
sleep,
somatic death,
straying,
summons of death,
sweep,
swerve,
swerving,
swinging,
tack,
truancy,
truantism,
turn,
turning,
twist,
unconformity,
unexcused absence,
unlikeness,
unorthodoxy,
vacation,
vanishing,
vanishing point,
variance,
variation,
variegation,
variety,
veer,
wandering,
warp,
wipe,
withdrawal,
yaw,
zigzag
departure - act of departing