Watt v. Smith
California Supreme Court
Appeal from a judgment of the Superior Court of San Benito County. The facts are stated in the opinion.
1Opinion of the Court
Temple, C.
— This appeal is from the judgment, and on the judgment roll.
The action is to recover from defendant, as husband of an inmate, the amount fixed by the directors to be paid by paying patients.
Judgment was entered for defendant on the ground that plaintiffs were not the real parties in interest, and had not legal capacity to sue; and this is the only question raised here.
All the facts necessary to enable the plaintiffs to recover, if they can sue in their own names, are found by the court. The defendant’s wife was an indigent inmate duly committed to the asylum, and the board had by…
2Cases cited1 opinion
- Cornell v. Town of GuilfordCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by12 opinions
- In Re Estate of YturburruCalifornia Supreme Court · 1901
- In Re DudleyCalifornia Court of Appeal · 1966
- Southern Pacific R.R. Co. v. StibbensCalifornia Court of Appeal · 1930
- Allen v. Department of Mental HygieneCalifornia Court of Appeal · 1952
- State Commission in Lunacy v. EldridgeCalifornia Court of Appeal · 1908
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