Fanny Johnson sued George W. Brock for bastardy and maintenance. Brock had married her to avoid the consequences of his act and then deserted her and she had sued for and obtained a divorce. The Floyd circuit court gave her a verdict for damages and maintenance. Brock appealed to the supreme court and the decision of the circuit court was re* versed. Judge Elliott rendered the opinion as follows: “Under our statute, Sec. 2,47')-2,47d, marriage legitimizes a child born before the marriage, and this is so even where the marriage was entered into by the father for the purpose of escaping a prosecution for bastardy andwith the intent of deserting the wife*afterward. In such a case, the wife having secured a divorce, cannot maintain a prosecution for the maintenance of the child under the bastardy act. Judgmentreversed.”