Ex parte Davidson

Citations

• 76 Fla. 272
• 79 So. 727
• 1918 Fla. LEXIS 311

Syllabus

<p>L Habeas corpus is appropriate as a remedy to secure release where a person is held in custody on a warrant of arrest when the charge has no basis in a valid law or ordinance, or wholly fails to state an offense under the law, or the Court is without jurisdiction of the matter.</p> <p>2 A warrant of arrest issued by a municipality should definitely charge a violation of a valid ordinance.</p> <p>3. Where there are valid, local or special laws relating to the powers and government of particular municipalities that are in conflict with the General Statutory Law, such local or special laws prevail.</p> <p>4. If reasonable doubt exists as to particular power of a municipality it should be reserved against the City.</p> <p>5. A general clause conferring power upon a municipality can give no authority to abrogate the limitations contained in the special provisions.</p> <p>6. When, authority and powers with reference to a particular subject are expressly conferred on specific terms upon municipalities, other authority and powers that in their nature or extent would materially increase or he inconsistent with the powers that are expressly given in specific and limited terms, are not to- be implied, particularly when the powers expressly given do not include all the authority that may have been conferred with reference to the designated subjects.</p> <p>7. Where a City may legally adopt ordinances prescribing the character of buildings that may be constructed and the character of repairs that may be made upon buildings only “within the fire limits” of the City, a warrant of arrest charging that the defendant “covered a building within the City limits” in violation of an ordinance of the City, is wholly insufficient as authority to detain the defendant in custody and he may be discharged on habeas corpus.</p>