Weyrens v. Scotts Bluff County Medical Society

• Decision Date: 21 January 1938
• Docket Number: 30165
• Citation: 277 N.W. 378,133 Neb. 814
• Parties: JOSEPH P. WEYRENS, APPELLANT, v. SCOTTS BLUFF COUNTY MEDICAL SOCIETY ET AL., APPELLEES
• Court: Nebraska Supreme Court

277 N.W. 378

133 Neb. 814

JOSEPH P. WEYRENS, APPELLANT, v. SCOTTS BLUFF COUNTY MEDICAL SOCIETY ET AL., APPELLEES

No. 30165

Supreme Court of Nebraska

January 21, 1938

APPEAL from the district court for Scotts Bluff county: GEORGE W IRWIN, JUDGE. Affirmed.

AFFIRMED.

Syllabus by the Court.

1. " It is a general rule of equity that, when a member of a voluntary, unincorporated association is aggrieved or feels injured by any action taken by the officers or committees of the association, within the scope of their authority and pertaining to its affairs, and where the laws and rules of the association provide a means of redress, he should first exhaust the remedies provided by the laws and rules of the association before applying to the civil courts." Crisler v. Crum, 115 Neb. 375, 213 N.W. 366.

2. " A court of equity will not inquire into the regularity or validity of disciplinary proceedings by a voluntary unincorporated association, not organized for profit, against one of its members, when no civil or property right of such member will be affected." Rogers v. Tangier Temple, 112 Neb. 166, 198 N.W. 873.

Appeal from District Court, Scotts Bluff County; Irwin, Judge.

Suit by Joseph P. Weyrens against the Scotts Bluff County Medical Society and others, to enjoin the society from depriving plaintiff of his rights as a member in good standing. From a decree dismissing the petition and dissolving a restraining order, plaintiff appeals.

Affirmed.

Morrow & Morrow, for appellant.

Mothersead & York and Howarth N. Olsen, contra.

Heard before GOSS, C. J., EBERLY, DAY, PAINE, CARTER and MESSMORE, JJ., and MUNDAY, District Judge.

OPINION

GOSS, C. J.

This was a suit in equity against Scotts Bluff County Medical Society and its officers, seeking a decree that the action of the society purporting to terminate the membership of plaintiff therein was void and enjoining the society from depriving him of his rights as a member in good standing. After trial, the decree found for defendants, dismissed the petition with prejudice and dissolved the restraining order. Plaintiff appealed.

Plaintiff is a physician and for about 10 years, ever since he settled in Scottsbluff, had been a member of the county medical society. This society was a voluntary association of physicians, organized under the auspices of the Nebraska State Medical Association, which, in turn, was a part of the American Medical Association; that is, it united with similar organizations in other states and territories to form the American Medical Association. Plaintiff complained, and the evidence tended to show, that he had been expelled from the Scotts Bluff County Medical Society. Plaintiff had been on the staff of the West Nebraska Methodist Hospital and, inasmuch as the rules of that hospital permitted only members of the county medical society to be on its staff, he was dropped from that staff as a result of being expelled from the county medical society. That is one of only two hospitals at Scottsbluff, the other, plaintiff complains, being small and not having facilities or equipment permitting the treatment of certain surgical cases in which he has considerable practice, and thus he was limited in his facilities for hospitalization of such cases. The hospital in question was not a party to the suit.

The evidence shows that the difficulty arose over fees for the care of relief patients. The doctors of the county had been caring for such patients at a rate of about 50 per cent. of the usual charges for others, but this arrangement was terminated early in August, 1935, by a resolution of the county medical society, adopted by a vote of 15 to 4. The resolution declared that it would be considered a breach of professional ethics for any member of the society to deal individually with county or state units on the subject. Plaintiff was one of those who opposed the resolution and later he carried out his opposition by contacting official parties in charge of such patients and caring for them on such a reduced basis. He was notified that he had violated the rule adopted in August, 1935, was present at a meeting when the matter was considered and where, as a result of his conduct, he was expelled from membership in the county society. One of his complaints was that he was not given a trial. As such matters usually go in such organizations, he had all the trial then asked for or that was...