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At Law

ad and answer


In all pleadings in confession and avoid ance, admission of the truth of the opposite party's pleading is made. Express admis sions may be made of matters of fact only.

The usual mode of making an express ad mission in pleading is after saying that the plaintiff ought not to have or maintain his action, etc., to proceed thus, "Because he says that, although it be true that," etc., re peating such of the allegations of the ad verse party as are meant to be admitted ; Lawes, Civ. Pl. 143, 144. See 1 Chitty, Pl. 600; Archb. Civ. Pl. 215.

Pleadings which have been withdrawn from a court of law may be offered in evi dence subject to explanation, to prove ad missions of the pleader: Soaps v. Eichberg, 42 Ill. App. 375; but admissions contained in an original answer are not conclusive, where an amended answer has been filed excluding such matter; Baxter v. R. Co. (Tex.) 22 S.

W. 1002. The plea of the general issue ad mits the corporate existence of the plaintiff corporation ; Bailey v. Bank, 127 Ill. 332, 19 N. E. 695. In many states, in a suit against a firm or corporation, the partnership or cor porate existence is taken as admitted unless denied by affidavit filed with the plea. Where complainant sets a plea down for argument, he admits its truth, but denies its sufficiency ; Burrell v. Hackley, 35 Fed. 833. Allegations of the complaint not denied by the answer are to be taken as true; Robertson v. Per kins, 129 U. S. 233, 9 Sup. Ct. 279, 32 L. Ed. 680. Where two defences are set up, a de nial in one is qualified by an admission in the other ; Northern Pac. R. Co. v. Paine, 119 U. S. 564, 7 Sup. Ct. 323, 30 L. Ed. 513.