Johnson v. County of Santa Clara
California Supreme Court
Appeal from the District Court, Third Judicial District, Santa Clara County. The plaintiffs were physicians and surgeons at San José, and on the 3d day of January, 1862, entered into a contract with the Board of Supervisors of Santa Clara County and ex officio Directors of the Santa Clara County Infirmary, to prescribe for and attend all the inmates of said Infirmary who might be subjects of fhedical and surgical treatment for one year thereafter.
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Appeal from the District Court, Third Judicial District, Santa Clara County. The plaintiffs were physicians and surgeons at San José, and on the 3d day of January, 1862, entered into a contract with the Board of Supervisors of Santa Clara County and ex officio Directors of the Santa Clara County Infirmary, to prescribe for and attend all the inmates of said Infirmary who might be subjects of fhedical and surgical treatment for one year thereafter. In February, 1862, the small pox appeared in San José. The building used as a County Hospital was outside the limits of the City of San José, and…
1Opinion of the Court
By the Court,
Sanderson, C. J.
The demurrer to the complaint should have been sustained upon the ground that it does not state facts suEcient to constitute a cause of action. The power of “ The Board of Directors of the County Infirmary of Santa Clara County ” to provide for the care and medical treatment of sick persons, is limited to such as are indigent and are also residents of the county. A contract providing for the care and treatment of sick persons not indigent, or if indigent not residents of the county, would be void for the want of power in the Board to make it. A county is not…
2Cases cited2 opinions
- Green v. PalmerCalifornia Supreme Court · 1860
- Jerome v. StebbinsCalifornia Supreme Court · 1859
3Cited by4 opinions
- Lebcher v. Board of CommissionersMontana Supreme Court · 1890
- Priddel v. ShankieCalifornia Court of Appeal · 1945
- Tucker v. Mayor of VirginiaNevada Supreme Court · 1868
- Castle v. Bannock CountyIdaho Supreme Court · 1901