Carbone v. Superior Court

Plaintiff, an illegitimate child, brought an action through her mother, her guardian ad Mem, against the defendant for support and a judicial declaration of paternity. The trial court issued an order directing defendant to show cause why he should not pay support, court costs, and attorney’s fees pending determination of the action. Upon defendant’s objection that the court had no jurisdiction to order him to make such payments until he was adjudged the father of the child, the court refused to proceed with the hearing or to take any evidence. Plaintiff thereupon petitioned this court for a…