Opinion
October 14, 1952.
Appeal from the Circuit Court, Dade County, M.C. Wiseheart, J.
William W. Charles and Martin Dillon, III, Miami, for appellant.
John E. Cicero, Miami, for appellee.
The appellant was arrested for a violation of Ordinance No. 2896 of the City of Miami and, on habeas corpus proceedings, was by order of the court remanded to the custody of the appellee. The appellant has appealed from such order.
The sufficiency of the warrant was not attacked in the proceedings below, nor is such an attack here made. The constitutionality vel non of the ordinance has not been here argued. In fact, appellant's only contention here is that the enforcement of the ordinance against his premises would be unjust, unreasonable and arbitrary under the circumstances here present, and that the City is equitably estopped from so doing. A determination of such questions is not within the scope of habeas corpus. "The object of the writ of habeas corpus is not to determine whether a person has committed a crime, or the justice or injustice of his detention on the merits, but whether he is legally imprisoned, or restrained of his liberty." Lehman v. Sawyer, 106 Fla. 396, 143 So. 310, 311.
The order appealed from should be and it is hereby affirmed.
SEBRING, C.J., and MATHEWS, J., and HOCKER, Associate Justice, concur.