This is an appeal from an order requiring the defendant, Loren Thurman Brown, to pay for the support of the child of the parties during the pendency of the action.
Nell G. Brown commenced an action against Loren Thurman Brown and Bonnie Brown, his wife, alleging that she
Subsequent to the filing of the complaint, the plaintiff made a motion for temporary support money for the child of the parties. The court granted the motion and ordered the defendant to pay $66.35 a month during the pendency of the action. This appeal follows.
Rem. Supp. 1947, § 988, which was in effect when this action was commenced, provided that, in divorce actions, the court may make orders, during the pendency of the action, for the custody and support of the children of the parties. In Barker v. Barker, 31 Wn. (2d) 506, 197 P. (2d) 439, we held that in an annulment proceeding, where an invalid marriage has been entered into in good faith by the parties and, as a result, a child is born, the court has inherent authority to make proper provision for its custody and maintenance.
Thus, in either a divorce action or an annulment proceeding, the parties and the issue of the marriage are before the court, and it can make proper provision for the support of the children during the pendency of the action.
In the case at bar, however, the action was for damages to the wife because of her alleged seduction. The court was not asked to grant a divorce or an annulment. No question concerning either the custody, support, or welfare of this unfortunate girl was before the court. The court did
The order granting temporary support money is. reversed.
Simpson, C. J., Beals, Grady, and Donworth, JJ., concur.
