Gray v. Pankey

On Application for Rehearing.

MILLER, J.

The general rule'is thus stated in 22 Corpus Juris, 422, notes 8 and 9:

“An admission in testimony of a party, is binding on him and dispenses with the necessity of proving the facts admitted.”

See, also, 22 Corpus Juris, 421, note 98; Starke v. Kenan, 11 Ala. 818; Tumlin v. Tum-lin, 195 Ala. 457, 70 South. 254. In 26 R. O. L. 1067, notes 3 and 4, we find:

“There can, of course, be no question but that, where the facts are conceded or are undisputed, there is a plain case for the direction of a verdict, as there can be only' a question of law involved.”

The…