J. L. RUSSELL, AS MARSHAL OF THE TOWN OF ATLANTIC BEACH,
v.
JOHN E. MATHEWS
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This case involves a habeas corpus petition filed by an individual arrested for violating a town ordinance. The Florida Supreme Court reversed the lower court's decision to discharge the petitioner, finding that the legal issues were identical to a related equity suit decided concurrently.
The court held that the decision in the related equity suit, which involved identical legal questions, was conclusive for this habeas corpus case. Therefore, the petitioner should not have been discharged.
“The identical legal questions being involved in both causes, it follows that our decision in the latter case is conclusive as to the issues in this case.”
This quote establishes the court's reasoning for applying the decision from the related equity suit to the habeas corpus case.
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Join FLexlaw to unlock all legal intelligenceThe petitioner was arrested by the Town Marshal for violating a town ordinance after entering a protected zone with knowledge of the ordinance. He fil…
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The facts in this case are the same as those in the equity suit entitled Town of Atlantic Beach, et al., v. Otto J. Oosterhoudt, et al., decided this date. After the hearing for preliminary injunction in the equity suit, the petitioner here having invaded the protected zone with knowledge of the ordinance, was arrested and taken in custody by the Town. He filed his petition for habeas corpus in substantially the same terms as his petition for intervention in the equity suit.
The habeas corpus proceeding was argued at the same time final hearing was conducted in the equity suit and an order discharging petitioner followed the final decree 'in that suit. The identical legal questions being involved in both causes, it follows that our decision in the latter case is conclusive as to the issues in this case.
*170The judgment discharging the petitioner in this case is accordingly reversed and he is ordered remanded to the custody of the respondent.
It is so ordered.
Wi-iitfteld and. Brown, J. J., concur.'
Ellis, C. J., and Davis, J., dissent.
Buford, J., not participating because of illness.
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