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ATLANTIC MUTUAL FIRE INSURANCE COMPANY v. CHADWICK.
42637.
PER CURIAM.
Action on insurance policy. Gwinnett Civil and Criminal Court. Before Judge Cheeley.
2. Moreover, Paragraph 2 of the petition, which alleges that the defendant is indebted to the plaintiff in the amount of $1,968.75, is specifically admitted in the answer. A party to a suit will not be allowed to disprove an admission in his pleadings without withdrawing it from the record. Florida Yellow Pine Co. v. Flint River Naval Stores Co., 140 Ga. 321 (2) (78 SE 900). Although the defendant did, in answering Paragraph 5 which contained a reiteration of the allegation of the indebtedness and the amounts of each item thereof, deny all indebtedness, where the answer contains both an admission and a denial, the admission must control. City of Moultrie v. Schofield's Sons Co., 6 Ga. App. 464, 468 (65 SE 315); Ford v. Serenado Mfg. Co., 27 Ga. App. 535 (2) (109 SE 415); King v. Loeb, 93 Ga. App. 301, 305 (91 SE2d 532); Williams Mfg. Co. v. Warner Sugar Ref. Co., 125 Ga. 408, 411 (54 SE 95).
For both these reasons there was no error in denying the defendant's motions for summary judgment, new trial, and judgment notwithstanding the verdict.
Merritt & Pruitt, Robert P. Burgess, for appellee.
Long, Weinberg & Ansley, Gregg Loomis, for appellant.
ARGUED MARCH 8, 1967 -- DECIDED JUNE 9, 1967.
Friday May 22 19:07 EDT


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