Divorce—Agreement for Division of Property in Event of Future Delinquency of Husband—Contract against Public Policy.—An agreement between a husband and wife, executed pending an action for divorce instituted by her, whereby she waived the pending cause of action and agreed to dismiss it, "and he agreed that in the event he should thereafter so conduct himself as to give her a new cause of action for divorce, and she should establish the same in a subsequent action, he would pay' her a specified sum of money, which she agreed to accept in full satisfaction of her property rights, is against public policy and void.

Id.—Community Property—Profits of Separate Estate Invested in Business—Interest on Capital.—Where at the time of his marriage a husband has a definite amount of his separate property invested as capital in his business, which he afterwards continues to carry on at great profit, in determining what portion of such profit is community property, it must be presumed, in the absence of evidence to the contrary, that some of the profits were justly due to the capital invested and would constitute his separate property, and that the amount thereof would be equivalent to at least the usual interest on a long investment well secured.

Id.—Appeal by Husband from Divorce Judgment—Increase of Property Award to Wife.—Upon an appeal by the husband from a judgment of divorce, which determined that the community property was of a specified value and awarded the wife a three-fifths part thereof, the court cannot change the judgment by increasing the share of the community property given to her.

Id.—Modification of Judgment on Appeal—Deduction of Separate Property—Legal Interest on Capital of Business.—Where the trial court erred in including in such community property any portion of the profits of the business conducted by the husband properly to be credited to his separate property invested therein, and there was no evidence to show that such capital was entitled to a greater return than legal interest, this court may, on an appeal by the husband, upon the wife’s application therefor, direct the judgment to be modified, so as to allow the husband, as part of his separate estate, interest at the rate of seven per cent on the amount of such capital.

Id.—Interlocutory Judgment—Property Eights may Be Determined—Custody op Children.—Under the amendment of 1903 to sections 131 and 132 of the Civil Code, the trial court has the power, at the time of rendering the interlocutory judgment of divorce, to try and determine the issues between the parties to the action with respect to property and the custody of children. While this may, and generally should be done, the court has the power, under such amendment, as it always has had the power under previous laws, to postpone the trial and decision of such issues to any reasonable time after the rendition of the judgment of divorce, whether interlocutory or final.

Id.—Postponement op Finality op Interlocutory Judgment—Proper Practice.—The practice is to be commended of the trial court,. in an action of divorce, determining all the issues in one trial and rendering an interlocutory judgment declaring the rights of the parties upon all the issues, and providing that the same should in all respects become final only at the time when the decree of divorce became final, in the mean time allowing temporary alimony.