White

This is an appeal by plaintiff, as guardian of a minor child, from an order in a proceeding instituted for the purpose of compelling defendant (the father of the child) to pay a certain sum of money for the support of the child.

It appears that the child is the minor daughter of defendant and his divorced wife; that the divorce between the father and the mother of the child was obtained by the father in the state of Texas, and that without any provision being made in the decree for the support of the minor child of the parties, the court awarded the absolute custody of the child to the wife.

In such circumstances it appears to have been ruled directly by the higher courts of this state that a separate action by the child against the father to compel him to furnish support for the child will not lie. (Lewis v. Lewis, 174 Cal. 336 [163 Pac. 42]; Matter of McMullin, 164 Cal. 504 [ 129 Pac. 773 ]; Ex parte Miller, 109 Cal. 643 , 648 [ 42 Pac. 428 ]. See, also, People v. Hartman, 23 Cal. App. 72 [ 137 Pac. 611 ]; In re Perry, 37 Cal. App. 189 [ 174 Pac. 105 ].)

There is, however, later authority to the effect that because in a divorce proceeding the custody of a minor child of the…