Hutchins v. McDowell

2 Citing cases

  1. Brittain v. Reid

    141 S.E.2d 903 (Ga. 1965)   Cited 9 times

    The defendants were bound by the admissions made in their answers under oath, which admissions were neither stricken nor amended. Cheney v. Selman, 71 Ga. 384, 387; Youngblood v. Youngblood, 74 Ga. 614, 618; Lydia Pinkham Medicine Co. v. Gibbs, 108 Ga. 138, 141 ( 33 S.E. 945); Alabama Midland R. Co. v. Guilford, 114 Ga. 627 ( 40 S.E. 794); Neal Loan Banking Co. v. Chastain, 121 Ga. 500 ( 49 S.E. 618); Elliott v. Marshall, 179 Ga. 639, 641 (4) ( 176 S.E. 770); Hutchins v. McDowell, 202 Ga. 1, 7 ( 41 S.E.2d 300). In Lydia Pinkham Medicine Co. v. Gibbs, 108 Ga. 138, 141, supra, it was said that admissions in pleadings, like admissions from the witness stand, are in judicio and can not be withdrawn so as to deprive the other party of the benefit of them.

  2. Wood v. Brunswick Pulp Paper Co.

    119 Ga. App. 880 (Ga. Ct. App. 1969)   Cited 22 times

    By being stricken, the admission by defendant Morris in his original answer was after the amendment no longer a part of the pleadings in the case and without effect in the determination of the motion for summary judgment. See Sellers v. Sellers, 76 Ga. App. 410 (2) ( 46 S.E.2d 205); Hutchins v. McDowell, 202 Ga. 1, 7 ( 41 S.E.2d 300).