Cielock v. Munn

At the outset let us get the posture of this case clearly in mind. After filing suit, plaintiff served a request for admissions upon the defendant. The thirty days allowed by Code Ann. § 81A-136(a) came and went and the request was not answered. Several months later plaintiff moved for summary judgment based on defendant’s "admission” of the request by reason of his failure to timely answer. Defendant moved to withdraw the "admission” and to be allowed to deny the request, which denial was tendered.

The trial court declined to allow the defendant to withdraw the admission because he had not…