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Hilton Hotels Corporation v. Withrow Travel Serv

Court of Appeals of Georgia
Jun 22, 1979
258 S.E.2d 59 (Ga. Ct. App. 1979)

Opinion

57732.

ARGUED MAY 2, 1979.

DECIDED JUNE 22, 1979.

Action on contract. Fulton State Court. Before Judge Wright.

Gambrell, Russell Forbes, David M. Brown, for appellant. Alston, Miller Gaines, Jay D. Bennett, for appellee.


In this contract action, the trial court granted summary judgment to the plaintiff on the basis of the defendant's failure to respond under oath to plaintiff's requests for admissions. The defendant's responses to the requests were instead simply signed by its attorney. Appeal is from the grant of summary judgment. Held:

Under the Civil Practice Act, requests for admission require "a written answer or objection addressed to the matter, signed by the party or by his attorney ..." (Emphasis supplied.) Code Ann. § 81A-136 (Ga. L. 1966, pp. 609, 648, as amended through Ga. L. 1972, pp. 510, 528). Prior to amendment in 1972, the responses were required to be made under oath; however, the 1972 amendment deleted this requirement. Although in Burge v. High, 147 Ga. App. 267 ( 248 S.E.2d 546) (1978) this court continued to hold that an oath was required, that case was decided without reference to the 1972 amendment, evidently due to oversight. Accordingly, Burge is hereby overruled, and the grant of summary judgment to the plaintiff in this case is reversed.

Judgment reversed. Deen, C. J., Quillian, P. J., McMurray, P. J., Smith, Birdsong, Underwood and Carley, JJ., concur. Shulman, J., not participating.

ARGUED MAY 2, 1979 — DECIDED JUNE 22, 1979.


Summaries of

Hilton Hotels Corporation v. Withrow Travel Serv

Court of Appeals of Georgia
Jun 22, 1979
258 S.E.2d 59 (Ga. Ct. App. 1979)
Case details for

Hilton Hotels Corporation v. Withrow Travel Serv

Case Details

Full title:HILTON HOTELS CORPORATION v. WITHROW TRAVEL SERVICE, INC

Court:Court of Appeals of Georgia

Date published: Jun 22, 1979

Citations

258 S.E.2d 59 (Ga. Ct. App. 1979)
258 S.E.2d 59

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