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Rules Which Tend to Prevent Prolixity and Delay Rule I

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RULES WHICH TEND TO PREVENT PROLIXITY AND DELAY. RULE I. There must be ;to departztre in pleading. A depar ture takes place, when, in any pleading, the party de serts the ground that he took in his last antecedent pleading and resorts to another.

A departure may be either : 1. In point of fact. 2. In point of law.

In all cases where the variance between the former and the latter pleading is on a point not material, there is no departure. If there were no rule ag-ainst depar ture, the parties might shift their ground and delay the issue indefinitely.