Mathews

Plaintiff brought this action to compel the defendant to support her illegitimate minor child. The court found that the defendant is the father of the child and rendered judgment requiring him to pay the plaintiff $25 a month, commencing with the day the complaint was filed, for the maintenance and support of the child. The defendant has appealed from the judgment.

Both parties testified that they indulged in frequent acts of sexual intercourse during a period of several months. The defendant testified that such acts ceased June 13, 1922. The plaintiff testified that they continued until in September, 1922, and that she had not had sexual intercourse with anyone but the defendant at any time after August, 1920, when she separated from her husband. The child was born May 31, 1923. The testimony of both parties was corroborated to some extent and each introduced evidence tending to discredit the testimony of the other. There is a clear and substantial conflict in the evidence relating to the issued in question on this appeal and therefore the findings of the trial court are conclusive.

Appellant contends that the plaintiff is not authorized to maintain the action in her own name…