Emergency Hospital Of Easton v. Stevens

126 A. 101 (1924)

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Nature of the Case

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Facts

Stevens (P) filed a bill of complaint against Hospital (D) for refusing to allow him to perform surgical operations contrary to its constitution and bylaws. P sought an injunction. D alleged that its constitution and bylaws had been amended so that P was not entitled to operate without permission of D’s directors and staff. P did not obtain that permission. A decree dismissing the bill was reversed because the amendments on which D relied for refusing P were void because proper notice had not been given as was required by Maryland law. The case was remanded, and a perpetual injunction was issued in February 1923. That injunction is listed on page 289 Re 5th edition and basically perpetually restrained D from messing with P in his surgical treatment of his patients in the hospital. Three months later D adopted a new bylaw that violated the injunction. P then filed a petition praying that D be attached and punished for violation of the injunction. D answered and admitted that it passed the bylaw and that P could not operate in D’s hospital without approval which P did not obtain but that D had not discriminated against P as he was being treated the same as all other doctors in Easton and that P had not been denied in the fact that he had never applied; thus, D denied disobeying the injunction. D then asked and was granted leave to move for dissolution of the injunction. P demurred to the answer but before the motion for dissolution was filed the court sustained the demurrer and continued the injunction. The court reserved the question of punishment of D until the hearing of the motion to dissolve the injunction was heard. D then appealed.