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DuBignon v. Wright

50 S.E. 65, 122 Ga. 263, 1905 Ga. LEXIS 167
CourtSupreme Court of Georgia
DecidedMarch 4, 1905
StatusPublished
Cited by6 cases

This text of 50 S.E. 65 (DuBignon v. Wright) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DuBignon v. Wright, 50 S.E. 65, 122 Ga. 263, 1905 Ga. LEXIS 167 (Ga. 1905).

Opinion

Simmons, C. J.

“ 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." Dorough v. Johnson, 108 Ga. 812, and cases there cited. The ruling above laid down is [264]*264applicable to the case now under consideration; and the judgment of the court below is, therefore, Affirmed.

Argued January 30, — Decided March 4, 1905. Equitable petition. Before Judge Parker. Glynn superior court. July 14, 1904. W. E. Kay, for plaintiff in error. Krauss & Shepard, contra. All the Justices concur.

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Cite This Page — Counsel Stack

Bluebook (online)
50 S.E. 65, 122 Ga. 263, 1905 Ga. LEXIS 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dubignon-v-wright-ga-1905.