Barbieri

This is an appeal from an order modifying a final decree of divorce in respect to the custody and maintenance of the minor child of the parties.

The litigation commenced in 1920 when the plaintiff filed a suit for divorce charging his wife with cruelty. The defendant filed a cross-complaint upon the same grounds, and upon the trial of the issues the court found that none of plaintiff’s allegations had been proved; that all the allegations of, the cross-complaint were true. Thus we have a •finding that defendant was a fit and proper person to have the care, custody, and control of the minor child, and that the plaintiff was unable to care for it. As a result of an agreement of the parties the actual custody of the child was awarded to the defendant’s parents in the interlocutory decree, which was entered February 10, 1921. The same order was made in the final decree of February 25, 1922, and these parents have continuously taken such care of the child that no word of criticism of their conduct appears in' any part of the record.

On September 2, 1926, the plaintiff in the action, pretending to be aggrieved because the grandparents permitted the child to be removed to the home of…