Hogarty

The plaintiff appeals from an order denying his motion to modify an interlocutory decree of divorce.

Appellant, William E. Hogarty, and respondent, Mary E. Hogarty, were married January 11, 1892, and on July 10, 1918, appellant commenced a suit for divorce on the grounds of desertion and extreme cruelty. On April 3, 1919, an interlocutory decree was granted on the ground of extreme cruelty alone, and on April 6, 1920, the court entered its final decree of divorce. No appeal from either judgment was taken.

On March 18, 1919, appellant and respondent entered into an agreement settling their property rights, which agreement was embodied in the interlocutory decree. By the terms of this agreement and the decree, respondent conveyed to appellant all her right in their home, which was community property, and upon which, it appears, a homestead had been declared. Appellant agreed to pay respondent thirty dollars a month “until the remarriage or death of defendant, or until set aside by the above-entitled court for misconduct on the part of the defendant.”

On August 20, 1920, appellant moved for an order modifying the interlocutory decree by setting aside the provision that appellant…