Dorough v. Johnson

T. The defendant below was not entitled to open and conclude, because he did not by admissions in his answer make out a prima facie case for the plaintiff and thus relieve him from the necessity of introducing evidence. Admissions made by a defendant for the purpose of gaining this advantage must be in his pleadings and not merely oral. Montgomery v. Hunt, 93 Ga. 438; Levens v. Smith, 102 Ga. 480; Southern Mutual Building & Loan Assn. v. Perry, 103 Ga. 800. In the case last cited, the admission referred to was embraced in the answer of the defendants, though this fact does not appear in the…