Opinion
March 8, 1943.
Order granting appellants' motion for a bill of particulars modified on the law and the facts by striking out the second ordering paragraph; and, as thus modified, the order, insofar as appealed from, is affirmed, without costs. Order denying appellants' motion to compel plaintiff to elect upon which of three places and dates she will rely as to the place and time of the alleged common-law marriage affirmed, without costs. The paragraph ordered to be struck from the order seems mere surplusage. The admissibility of evidence should be entrusted to the rulings of the justice presiding at the trial. Carswell, Johnston, Adel, Taylor and Lewis, JJ., concur.