Higgins

This is an appeal from a decree setting aside a judgment or order of adoption of the minor child of plaintiff and Nellie M. Stange, formerly Nellie M. Miller.

Nellie M. Miller procured an interlocutory decree of divorce from the plaintiff, John G. Miller, in the superior court of Contra Costa county on August 16, 1906, upon the ground of extreme cruelty, and the final decree was entered therein on December 2, 1907. By this decree the custody and control of Gerard Miller, a minor, the issue of said marriage, was awarded to said Nellie M. Miller until the further order of the court, subject to the restriction that said child was not to be removed from the jurisdiction of the court, and the defendant John G. Miller (plaintiff here) should have the right to visit said minor child at all reasonable times. Nellie M. Miller thereafter married the defendant H. A. Stange and left the state of California, leaving the child in the custody of her mother in Contra Costa county. Whereupon the plaintiff herein, defendant in said divorce proceeding, on the second day of September, 1908, filed his petition in said superior court of Contra Costa county, setting forth the foregoing and other facts,…