(A) 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, 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. (B) 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.
Law Dictionary – Alternative Legal Definition
In maritime law. A deviation from the course prescribed in the policy of Insurance.
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 Wils. 98; Co. Litt 304a; Railway Co,
Wyler, 158 U. S. 285, 15 Sup. Ct 877, 30 Ix Ed. 963.
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; Allen 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 304a. 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. 6., the replication must support the declaration, and the rejoinder the plea, without departing out of it. 3 Bl. Comm. 310.