Watkins v. Price Mercantile Co.

1. In a suit for malicious use of legal process, where the answer admitted an allegation of the petition that the process was sued out maliciously and without probable cause, but the answer was later amended by striking the admission and inserting in lieu thereof a denial of the allegation, the admission, though introduced as evidence for the plaintiff, was not conclusive, and could be explained or disproved by the defendant. Alabama Midland Railway Co. v. Guilford, 114 Ga. 627 (40 S. E. 794); Mims v. Jones, 135 Ga. 541, 544 (69 S. E. 824) ; McConnell v. Gregory, 146 Ga. 475 (91 S. E. 550).

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