DeMarzo v. Vena

In this action of contract the plaintiff seeks to recover on an account annexed for board, expenses of the last illness of Maria C. Vena, the deceased wife of the defendant, and funeral expenses of said Maria C. Vena. In the last paragraph of his answer the defendant sets out the following: “And further answering the defendant says that he was living apart from his wife for justifiable cause under a decree of the Probate Court in and for the county of Suffolk, No. 290818.”

Before trial, on the plaintiff’s motion to expunge, a judge, after hearing, entered this order, “The last paragraph of the…