Bacigalupi

On the twenty-first day of September, 1921, the plaintiff commenced an action against the defendant for divorce upon the grounds of desertion. In her complaint she asked for the custody of her three minor children and prayed for the sum of “$100.00 per month as alimony for the support and maintenance of herself and said minor children. ’ ’ On the 20th of October, 1921, a divorce was granted to the plaintiff as prayed and findings were duly waived. The clerk entered upon his minutes' a notation that it was further ordered that the defendant “pay to the plaintiff $40.00 a month alimony.” On the 27th of October, 1921, the court duly signed an interlocutory judgment and decree of divorce in which the defendant was ordered to pay to the plaintiff “as and for the support of the minor children the sum of $40.00 per month.” This judgment was duly entered on October 29, 1921, and no appeal was taken therefrom and no motion for a new trial was made. On October 3, 1922, prior to the entry of a final decree therein, the attorneys who had appeared for the respective parties at the time of the trial filed their written stipulation purporting to authorize the trial court to modify the…