Brown v. Atlanta, B. & A. R. Co.

• Decision Date: 12 August 1908
• Citation: 62 S.E. 186,131 Ga. 259
• Parties: BROWN v. ATLANTA, B. & A. R. CO.
• Court: Georgia Supreme Court

62 S.E. 186

131 Ga. 259

BROWN v. ATLANTA, B. & A. R. CO.

Supreme Court of Georgia

August 12, 1908

Syllabus by the Court.

While a defendant may file an answer to an amendment to the petition in a case, admitting or denying material allegations in the same, or stating why he can neither admit nor deny them, he is not required to file an answer to the amendment, and his failure to do so does not authorize the court or jury to treat the allegations in the amendment as being admitted. Hudson v. Hudson, 119 Ga. 637, 46 S.E. 874.

Upon the controlling question raised in the record, this case is ruled by the decision in the case of Hawkins v. Central of Georgia Railway Company, 119 Ga. 159, 46 S.E. 82.

Error from Superior Court, Ben Hill County; U. V. Whipple, Judge.

Action by J. P. Brown against the Atlanta, Birmingham & Atlantic Railroad Company. Judgment for defendant, and plaintiff brings error. Affirmed.

E. Wall and E. W. Ryman, for plaintiff in error.

Rosser & Brandon, J. L. Sweat, and Haygood & Cutts, for defendant in error.

BECK, J.

Judgment affirmed.

All the Justices concur.