Gambetta

This is an action brought hy the plaintiff through his guardian ad litem to compel his father, the defendant, to support him, he being a minor child. The action is founded on section 196a of the Civil Code, which reads: “The father as well as the mother, of an illegitimate child must give him support and education suitable to his circumstances. A civil suit to enforce such obligations may be maintained in behalf of a minor illegitimate child, by his mother or guardian, and in such action the court shall have power to order and enforce performance thereof, the same as under sections 138, 139 and 140 of the Civil Code, in a suit for divorce by a wife.”

In the trial court a demurrer to the complaint was overruled, whereupon the defendant having refused to answer, his default was entered; and after hearing testimony introduced on behalf of the plaintiff the court rendered judgment against the defendant, who now prosecutes this appeal therefrom.

The evidence showed that the plaintiff was bom in San Francisco in the year 1913; that he is the illegitimate child of the defendant and a young woman who is employed as a domestic; that when employed she earns $35 per month; that the child…