Definition of DEPARTURE in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.
Definition of DEPARTURE
A deviation or divergence, from a standard rule or measurement. Hamilton Mfg. Co. v. Tubbs Mfg. Co., D.C.Mich., 216 F. 401, 409. From a permitted use of vehicle or route, ReddyWaldhauer-Maffett Co. v. Spivey, 53 Ga.App. 117, 185 S.E. 147, 148. Jeffries v. Jodawelky, 304 Mich. 421, 8 N.W.2d 121, 122. From employment or work, United Employers Casualty Co. v. Barker, Tex.Civ.App., 148 S.W.2d 260, 263; Hartford Accident & Indemnity Co. v. Cardillo, 112 F.2d 11, 15, 72 App.D.C. 52.
A variance between pleading and proof. Kintner v. U. S., C.C.A.Colo., 71 F.2d 961, 962.
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; Hanna v. Royce, 119 Or. 450, 249 P. 173, 175.
A departure occurs when party departs from cause or defense first made and has recourse to another. Livingston v. Malever, 103 Fla. 200, 137 So. 113, 118; Clonts v. State, 19 Ala.App. 130, 95 So. 562; Northwestern Nat. Life Ins. Co. v. Ward, 56 Okl. 188, 155 P. 524, 525; Burrell v. Masters, 65 Colo. 310, 176 P. 316, 317. Or, in other words, when the second pleading contains matter not pursuant to the former, and which does not support and fortify It. Hence a departure obviously can never take place till the replication. Steph.Pl. 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. An amendment to a petition changing the cause of action is not, technically, a "departure." King v. Milner, 63 Colo. 407, 167 P. 957, 960; MacGerry v. Rodgers, 144 Wash. 375, 258 P. 314, 315.
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That's the definition of DEPARTURE in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms. Courtesy of Cekhukum.com.
