Roland v. Watson

Hutcheson, Justice.

1. The rule that a partj to a suit will not be allowed to disprove an admission made in his pleadings is not applicable where the party by amendment withdraws the admission theretofore made. Alabama Midland Railway Co. v. Guilford, 114 Ga. 627 (40 S. E. 794).

2. Whether or not the pleadings in the instant case contained the admission as to a statement on which evidence was afterwards adduced, seeking to disprove it, must be determined in the light of all the allegations embraced in the original and amended pleadings. Accordingly, the defendant in error was not estopped to…