King v. Shepard & Co.

Supreme Court of Georgia

Decided March 25, 1898

Supreme Court of Georgia · decided 1898-03-25

<p>Petition. Before Judge Henry. Ployd superior court. January term, 1897.</p>

Relies on Luther v. Clay

Good law ✅— No negative treatment on recordhow we know

Decided 1898-03-25

How this case has been cited

Cited by 6 later decisions — most recently November 2008

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lumpkin, P. J.

¶11. An agreement in writing containing admissions of fact, though made for the purposes of a particular trial and after-wards withdrawn, is nevertheless admissible in evidence against the party making such agreement, in favor of the opposite party, in a subsequent trial of the same case. Such agreement is not, however, absolutely binding and conclusive upon the party by whom it was signed; but it is his right to disprove, rebut or explain any statement therein contained. See Luther v. Clay, 100 Ga. 236.

Submitted February 23,Decided March 25, 1898.

Petition. Before Judge Henry. Ployd superior court. January term, 1897.

Fouche. & Fouche, for plaintiff, in error.C. N, F oath erst on, contra.

¶22. The evidence warranted the judgment rendered by the judge, who by consent tried this case without the intervention of a jury, and it will not be disturbed by this court.

¶3Judgment affirmed.

All concurring, except Cobb, J., absent.