Goodall v. Brite

WASTE, C. J.

Appellants, defendants in this action, constituting the Board of. Supervisors of Kern County, apply for a writ of

supersedeas.

More than ten years prior to the commencement of the action, Kern County, acting by and through a former board of supervisors, built, furnished and equipped a county hospital in said county, since its establishment, and now, generally known and designated as “Kern General Hospital”. At all times during its existence, the expense of the operation of the hospital has been, and now

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is, paid from county funds. It is contended by the plaintiffs, who are taxpayers in the county, that the defendants purpose and intend to use and emploj- their offices, and the control and authority which they have and hold by reason of their positions as members of the Board of Supervisors, to maintain, operate and conduct the hospital as a general hospital for the care, treatment and cure of persons who are residents of the County of Kern, without regard to whether such persons may be in any of the classes provided by law as being entitled to hospital treatment at public expense; that the defendants have, during the last ten years, conducted, and it is now their fixed and determined policy to conduct and operate the hospital at the cost and expense of Kern County for the general hospitalization, care and treatment of persons who are neither indigent sick persons, nor dependent poor persons, nor needy sick, dependent or partially dependent citizens in cases of emergency. The prayer of the complaint is that the defendants be perpetually enjoined from permitting admission into the hospital of persons other than those legally entitled, under the general law, to such care and treatment. Defendants answered the allegations contained in the complaint, and set out the conditions established by rules duly adopted by the board; the manner in which all persons needing treatment are admitted to the hospital; and further alleged that it was necessary, for the maintenance of the public health of the county, that a hospital be maintained therein equipped with complete and modern facilities, wherein, pursuant to the adopted rules, all persons having the financial capacity should pay for such care and treatment; and admitted that it was their intention and purpose to continue to conduct and manage the hospital in such manner unless restrained by order of the court.