H. KIMMEL, PLAINTIFF IN ERROR,
v.
H. LESLIE QUIGG, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a lower court's decision to deny a writ of habeas corpus, upholding a conviction for violating a municipal ordinance related to auction sales licenses. The court relied on a prior ruling in a similar case.
No, the Circuit Judge did not err. The conviction and subsequent denial of the habeas corpus writ were proper.
“In this case plaintiff in error was convicted under agreed statment of facts in the Municipal Court of the City of Miami, Florida, of violation of a Municipal Ordinance requiring a license tax of $25.00 per day for each day, or fractional part of a day, that auction sales were conducted or carried on in a place of business.”
Describes the initial conviction and the ordinance violated.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff in error was convicted in the Municipal Court of Miami for violating an ordinance that required a daily license tax for auction sales. H…
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Per Curiam.
In this case plaintiff in error was convicted under agreed statment of facts in the Municipal Court of the City of Miami, Florida, of violation of a Municipal Ordinance requiring a license tax of $25.00 per day for each day, or fractional part of a day, that auction sales were conducted or carried on in a place of business.
On being so convicted he sued out writ of habeas corpus before the Circuit Judge. On hearing he was remanded to the custody of the Chief of Police of the City of Miami, Florida, for execution of sentence. From this judgment he has brought writ or error to this Court.
Having considered the record, it appears to us that the judgment of the Circuit Judge should be affirmed on authority of the opinion in the case of Gillis ex rel. v. Croft, — Fla.—, 109 Sou. 446, and it is so ordered.
Affirmed.
Whitfield, P. J., and Terrell and Buford, J. J. , concur.
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Quigg v. State ex rel. A. W. Miller, 145 Fla. 431 (Fla. 1941)…that are in conflict with the general statutory laws such local or special laws prevail. See Sanders v. Howell, 73 Fla. 563, 74 Sou. 802; Langston v. Lunsford, 122 Fla. 813, 165 Sou. 898; Gillis v. Croft, 92 Fla. 267, 109 Sou. 446; Kimmel v. Quigg, 93 Fla. 206, 111 Sou. 893. [*434] - It- appears to us to be inescapable that if a .person is amenable to.the tax if operating, in .his own building or a building leased from another individual, the same sort of business which the defendant in error was operatin…