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Call Now: 904-383-7448The 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.
(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.)
- 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).
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).
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).
Cited in Cheney v. Selman, 71 Ga. 384 (1883); Pullman Co. v. Bullard, 44 F.2d 347 (5th Cir. 1930); Flescher Knitting Mills v. Union Dry Goods Store, 58 Ga. App. 659, 199 S.E. 646 (1938); Foskey v. Smith, 159 Ga. App. 163, 283 S.E.2d 33 (1981).
- 61B Am. Jur. 2d, Pleading, §§ 845 et seq., 880 et seq.
- 32A C.J.S., Evidence, § 864 et seq.
- 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Admissibility in evidence of withdrawn, superseded, amended, or abandoned pleading as containing admissions against interest, 52 A.L.R.2d 516.
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