Soderberg

Appeal from an order denying a motion to vacate and set aside a final decree of divorce upon the ground that it changed or modified the terms of the interlocutory decree referring to the custody of a- minor child, the issue of the marriage, it being alleged that such change was made without authority.

It appears from the record that the parties hereto were formerly husband and wife. Plaintiff brought an action against defendant for divorce on the ground of extreme cruelty. Her charges were of a serious nature. Judgment went in her favor. Findings were waived but the decree recited that the allegations of plaintiff were sustained by the evidence and that they were true. An interlocutory decree was thereupon entered on June 11, 1913, against Walter H. Soderberg and in favor of the plaintiff on the ground of cruelty. In and by the terms of this decree plaintiff and defendant were awarded the joint custody of their minor child, some six years of age, the defendant to pay to the plaintiff the sum of $25 a month for its support and maintenance.

On June 19, 1914, a final decree was entered dissolving the bonds of matrimony existing between the parties.

This decree ordered that the…