Stallings v. Britt, 204 Ga. 250, 254 (2) ( 49 S.E.2d 517) (1948). See Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455) (1945). Having determined in Division 1 that the trial court erred in permitting Sutton to withdraw his admissions and amend his answer and the pretrial order, summary judgment must be reversed.
The court found that "[a]lthough formally withdrawn from the pleadings and therefore not a solemn admission in judicio, the admission may be given such credence and effect as the jury may determine upon the trial of this case." Accord Spurlock v. Commercial Banking Co., 151 Ga. App. 649, 652 (3) ( 260 S.E.2d 912) (1979); Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455) (1945); Stallings v. Britt, 204 Ga. 250, 254 (2) ( 49 S.E.2d 517) (1948). Since the effect of the withdrawn admission by defendant was for the jury, it was not error to deny summary judgment.
Appellant also urges that the verified allegations in Ms. Burgener's divorce complaint constitute judicial admissions as to the paternity and legitimacy of the child and estop her from asserting a contrary position in this abandonment action. Statements in pleadings are considered as judicial and not as evidential admissions, and for these purposes, until withdrawn or amended, are conclusive. Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455) (1945); State Farm c. Ins. Co. v. Anderson, 107 Ga. App. 348, 353 ( 130 S.E.2d 144) (1963). However, "`[e]stoppels by admissions made in pleading apply only between parties and privies to the suit or litigation in which the admissions relied on as an estoppel were made.' [Cits.
"Solemn admissions in judicio as made in the pleadings are conclusive against the party making them, unless formally withdrawn from the pleadings, in which event they still may be given such credence and effect as the jury, under the circumstances, may feel to be warranted." Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455) (1945); accord, City of Moultrie v. Schofield's Sons Co., 6 Ga. App. 464 (1) ( 65 S.E. 315) (1909). It is, like any other litigant, bound by its pleadings which constitute a solemn admission in judicio.
Although formally withdrawn from the pleadings and therefore not a solemn admission in judicio, the admission may be given such credence and effect as the jury may determine upon the trial of this case. See Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455); Stallings v. Britt, 204 Ga. 250, 254 (2) ( 49 S.E.2d 517); Code §§ 38-402, 38-403. 4. "... [A]bsent an effort to compromise, admissions against interest or payments which constitute direct acknowledgement of claims are admissible."
1. Exhibits attached to a petition control over its general allegations. Gaines v. Sheldon Simms Co., 119 Ga. App. 870 ( 169 S.E.2d 126); J. G. T., Inc. v. Brunswick Corp., 119 Ga. App. 719 (1) ( 168 S.E.2d 847); Gilham v. Stamm Co., 117 Ga. App. 846 ( 162 S.E.2d 248); Spiegel v. Hays, 103 Ga. App. 293, 297 ( 119 S.E.2d 123); Williams v. Appliances, Inc., 91 Ga. App. 608 (4) ( 86 S.E.2d 632). Solemn admissions in judicio as made in the pleadings are conclusive against the party making them, unless formally withdrawn from the pleadings ( Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455)), and a party to a suit will not be allowed to disprove an admission made in his pleadings, unless it has been withdrawn from the record. Head v. Lee, 203 Ga. 191 (8) ( 45 S.E.2d 666).
1. Exhibits attached to a petition control over its general allegations. Gaines v. Sheldon Simms Co., 119 Ga. App. 870 ( 169 S.E.2d 126); Gilham v. Stamm Co., 117 Ga. App. 846 ( 162 S.E.2d 248); Williams v. Appliances, Inc., 91 Ga. App. 608 (4) ( 86 S.E.2d 632); Spiegel v. Hays, 103 Ga. App. 293, 297 ( 119 S.E.2d 123); J. G. T., Inc. v. Brunswick Corp., 119 Ga. App. 719 (1) ( 168 S.E.2d 847). Solemn admissions in judicio as made in the pleadings are conclusive against the party making them, unless formally withdrawn from the pleadings ( Wood v. Claxton, 199 Ga. 809 (1) ( 35 S.E.2d 455)), and a party to a suit will not be allowed to disprove an admission made in his pleadings, unless it has been withdrawn from the record. Head v. Lee, 203 Ga. 191 (8) ( 45 S.E.2d 666). Consequently defendant's motion for summary judgment was properly granted where plaintiff brought suit against the corporate defendant, doing business under a trade name, "upon an account which is now due, copy of which is hereto attached, marked `Exhibit A' and made a part of this petition by reference thereto," and where the statement of the account attached to the complaint shows the debtor to be an individual doing business under the trade name. Williams v. Appliances, Inc., 91 Ga. App. 608 (4), supra; Gilham v. Stamm Co., 117 Ga. App. 846, supra; Gaines v. Sheldon Simms Co., 119 Ga. App. 870, supra.
Sims v. Hoff, 106 Ga. App. 626, 629 ( 127 S.E.2d 679). The rule applies to admissions in pleadings which, after having been withdrawn or stricken by the pleader, are introduced in evidence by the opposite party. Wood v. Claxton, 199 Ga. 809 ( 35 S.E.2d 455); Bynes v. Stafford, 106 Ga. App. 406, 408 ( 127 S.E.2d 159); Bunn v. A. C. L. R. Co., 18 Ga. App. 66 (2) ( 88 S.E. 798). In the present case Lucas sued Continental Casualty Company for benefits claimed by reason of disability following a heart attack under a certificate of insurance held by him under a master policy issued by the defendant company to "Associates Investment Company and Subsidiaries including Associates Discount Corp., South Bend, Indiana."
The pleadings do not form an issue on that question. In Wood v. Claxton, 199 Ga. 809 ( 35 S.E.2d 455), the Supreme Court said, "the trial judge is not bound, on his own motion and without request, to charge the jury on a wider range of the case than that made by the pleadings, even though the evidence might warrant it had the pleadings been amended to so authorize." See Akins v. Parker, 199 Ga. 273 ( 34 S.E.2d 168).