DuBignon v. Wright
122 Ga. 263 | Ga. | 1905
“ The defendant below was not entitled to open and conclude because he did not, by admissions in his answer, make out a prima facie case for the plaintiff and thus relieve him from the necessity of introducing evidence. Admissions made by a defendant for the purpose of gaining this advantage must be in his pleadings and not merely oral." Dorough v. Johnson, 108 Ga. 812, and cases there cited. The ruling above laid down is