Matthews

Appeal from an order modifying an interlocutory decree of divorce in respect to allowance of alimony.

It appears from the record that on November 3, 1915, Eleanor Matthews, the plaintiff, obtained an interlocutory decree of divorce from her husband, Hugh Matthews, upon the ground of extreme cruelty. Summons was served personally upon defendant, who made no appearance. By the decree the defendant was ordered to pay to the plaintiff $125 monthly as a permanent allowance, beginning November 8, 1915. On April 22, 1916, the defendant moved to modify the decree in this respect. On June 27, 1916, the court made an order reducing the allowance to one ¿hundred dollars, and from this order the plaintiff appeals.

Three points are urged for reversal: (1) That the court had no power to modify the decree unless it appeared on the hearing of the motion that the circumstances of the parties had changed since the original decree was made.. (2) That the parties had entered into an agreement with reference to alimony, which the court had no authority to modify. (3) That the decree should not have been modified for the reason that the amount allowed therein was and is proper.

In support of his…