Archer

This is an application for a writ of mandamus directed against the Superior Court requiring it to hear a motion modifying an interlocutory decree of divorce. The respondents were served with an alternative writ and they appeared and filed a general demurrer. Prom the petition it appears that Adelphia Archer commenced an action against this petitioner, Clayton Archer, to obtain a divorce; the husband was served with summons and complaint, but did not appear and answer; thereafter, on the seventh day of June, 1926, an interlocutory decree of divorce was granted to the plaintiff; by the terms of that decree it was held that the wife was entitled to a decree of divorce on the ground of the husband’s intemperance; that the wife should have the custody of the minor children; that the wife is entitled to $200 per month maintenance; that she is also entitled to one-half of the household furniture and to an undivided one-half interest in certain real and personal property and to $250 counsel fees and $25 for costs; that on the tenth day of 'September, 1926, on the application of plaintiff, an order to show cause was issued directing the husband to appear and show cause why he should not be…