In Re Application of Boalt

The first question is, Can a court in a habeas corpus proceeding inquire into the legal status of the court or tribunal issuing the process by which the petitioner is held in custody?

Section 642, Or. L., provides in part that:

“If it appears on the return that the prisoner is in custody by virtue of an order or civil process of any court legally constituted, or issued by an officer in course of judicial proceeding before him authorized by law, such prisoner shall only be discharged in one of the following cases. * *

‘ ‘ 6. When the order or process is not authorized by any judgment or decree of…