Schumm v. Beery

The only question here for decision is whether a filiation proceeding under section 196a of the Civil Code survives the death of the putative father.

Johan Schumm, an infant, through his guardian ad litem, complained that he is the illegitimate son of Gloria Schumm and one Wallace Beery and demanded judgment against his alleged father for $700 per month for permanent support. Before the proceeding could be tried, Wallace had winged his way to the world beyond. Thereupon Johan moved the court to substitute the executors of Mr. Beery’s estate as defendants. Such motion having been denied, the…