Russell

This is an appeal from an order made after final judgment in a divorce proceeding, modifying the final decree affecting the custody of a minor child.

An interlocutory decree of divorce was duly made and entered July 1, 1909, in favor of plaintiff on the ground of extreme cruelty, which was made final on July 2, 1910. Pending the trial of the cause the parties entered into an agreement concerning their property rights in which they also agreed that each should have the “care, custody and maintenance of” their minor child, Dewitt Russell, six months of each year, during his minority. The agreement did not designate the months during which each was to care for the child. In the final decree the court adjudged as follows: "That the plaintiff is to have and she is hereby awarded the care, custody and maintenance of said minor child (then eight years old) six months in each year of his minority; and that the defendant is to have the care, custody and maintenance of said minor child for a like period of six months in each year..’ ’ It appears that thereafter, to wit, about July 5, 1910, plaintiff married Charles Rogers and now resides with him in the city and county of San Francisco;…