Admissions

in pleading.— Where one party means to take advantage of or rely upon some matter alleged by his adversary, and to make it part of his case, he ought to admit such matter in his own pleadings; as if either party states the tithe under which his adversary claims, in which instances it is directly opposite in its nature toa protestation. See Protestando. But where the party wishes to prevent the application of his pleading to some matter contained in the pleading of his adversary, and therefore makes an express admission of such matter (which is sometimes the case,) in order to exclude it from the issue taken, or the like, it is somewhat similar in operation and effect, to a protestation. The usual mode of making an express admission in pleading is, after saying that the plaintiff ought not to have or maintain his action, &c. to proceed thus, “ Because he says that although it be true that,” &c. repeating such of the allegations of the adverse party as are meant to be admitted. Express admissions are only of matters of fact alleged in the pleadings; it never being necessary expressly to admit their tion be made to them.

Lawes Civ. Pl. 143, 144. See1 Chit. Pl. 600; Archb. Civ. Pl. 215.