Gillespie

It appears from' the petition in this proceeding that on October 18, 1920, an interlocutory decree of divorce was made and entered in favor of Clara Gillespie and against George S. Gillespie, petitioner herein, and that on October 19, 1921, a final decree was entered dissolving the bonds of matrimony theretofore existing between the parties, and reciting “that said plaintiff, and said defendant and each of them be and they are hereby free from each and all of the obligations thereof.” The final decree also provided, as did the interlocutory judgment, “that the plaintiff; herein, Clara .Gillespie, be and she is hereby given the care, custody and control of George S. Gillespie, Junior, the son of the parties hereto.”

On September 22, 1922, the parties signed and filed in the original divorce action a stipulation in writing by the terms of which they agreed that the interlocutory decree, and the final decree, “may be modified and amended with reference to the custody, care, education, maintenance and support of the minor child of said parties in' accordance with the modified decree, a copy of which is hereto attached.” Thereafter both parties appeared before the superior court,…