Watt

— 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 resolution, in due form, fixed the amount to be paid by paying patients.

The powers of the board are defined by section 2137 of the Political Code, but neither in that nor in any other statute existing at the time this suit was commenced is the board expressly authorized to sue; such authority was given them by act of March, 1889, passed after this suit was commenced.

The duties of the board with reference to such moneys are defined by the Statutes of 1885, pages 32, 33. It is provided, in case an insane person is able to pay actual charges and expenses, a guardian may be appointed whose duty it…