O.C.G.A. § 9-10-114 (2019)
Use of verified answer as evidence; amendment of sworn answer
The defendant shall always have the privilege of filing an answer
under oath for the purpose of using the same as evidence on any motion to dissolve an injunction or to set aside any extraordinary process or remedy granted. A sworn answer may be amended at any time, by leave of the court, as other pleadings; but an admission made in the answer shall always be evidence when offered by the other party.
History
Orig. Code 1863, § 4105; Code 1868, § 4136; Code 1873, § 4195; Code 1882, § 4195; Civil Code 1895, § 5056; Civil Code 1910, § 5639; Code 1933, § 81-402.
History of Section. The language of this Code section is derived in part from the decision in Greer v. Andrew, 133 Ga. 193, 65 S.E. 416 (1909).
Annotations
JUDICIAL DECISIONS What the answer admits as true, if charged in the bill, need not be proved. Imboden v. Etowah & Battle Branch Mining Co., 70 Ga. 86, 1883 Ga. LEXIS 300 (1883).
Though answer be waived, complainant is not deprived of privilege of availing the complainant of admissions made in it. Hickson v. Bryan, 75 Ga. 392, 1885 Ga. LEXIS 142 (1885).
RESEARCH REFERENCES Am. Jur. 2d. 61B Am. Jur. 2d, Pleading, §§ 181 et seq., 771 et seq. C.J.S. 32A C.J.S., Evidence, § 864 et seq. ALR. Admission by pleading of a parol contract as preventing pleader from taking advantage of the statute of frauds, 22 A.L.R. 723.
Necessity in action on judgment of sister state confessed under warrant of attorney, of alleging and proving the law of the latter state permitting such judgment, 155 A.L.R. 921. Admissibility in evidence of withdrawn, superseded, amended, or abandoned pleading as containing admissions against interest, 52 A.L.R.2d 516.
ARTICLE 6 AMENDMENTS