Mitchell v. Great Atlantic & Pacific Tea Co.

The court did not err in sustaining the certiorari and granting a new trial. Fagan v. Jackson, 1 Ga. App. 24 (57 S. E. 901).

2. Allegations in a party’s pleadings áre not ordinarily evidence in his favor. Although the suit between the plaintiff and the garnishee is described in the garnishment proceedings as being based on a judgment against the main defendant, and although the parties, in a statement of facts, agree that this is so — that is, although they agree that the plaintiff’s claim was a proceeding upon a judgment, rather than a proceeding upon an open indebtedness, this does not…