Noland

This is an appeal from an order of the United States District Court for the Southern District of California, Central Division, dismissing a “first amended civil bill of complaint in equity” without leave to amend, on the ground that no federal question was presented to the court.

The appellant, William Doster Noland and appellee, Vyola Bubb Noland (now Vyola Bubb Noland Loughman) were at one time husband and wife respectively. Wilfred L. Farrar is an appellee, but where not specifically mentioned in this opinion, the term will not be understood to include him.

*323 Appellee secured a divorce from appellant in the District Court of Nevada on December 15, 1934, and was awarded the custody of their child with a monthly allowance for its support. The parties removed to California and thereafter appellant filed an action in the California Superior Court for modification of the Nevada decree as to custody and support of the child. Appellee answered and affirmatively asked for an increased award for the child’s support.

Appellant alleges in his complaint in the instant case that after the case had been submitted in the California Superior Court, but before judgment, on December 23,…