Whitelaw

This is an appeal by defendant from those portions of the interlocutory decree of divorce wherein it is adjudged that defendant is the father of the minor child of plaintiff and wherein said defendant is ordered to pay to plaintiff the sum of $15 per month for the support of said minor child.

At the time of the trial in 1929 plaintiff was of the age of sixteen years and defendant was of the age of seventeen years. It was admitted that the parties had one act of sexual intercourse, the date fixed in the testimony being December 22, 1927. Thereafter plaintiff became pregnant and the parties with full knowledge of that fact were married with the consent of their parents on April 23, 1928. The child was born on August 8, 1928.

Appellant's first contention is that he is not the father of respondent’s child. This is equivalent to a contention that the evidence is insufficient to support the trial court’s finding to the contrary. We find no merit in this contention. It is unnecessary to discuss whether the presumptions relating to legitimacy have any application to eases involving antenuptial conceptions for in our opinion the evidence was sufficient to sustain the findings without the…