Ex Parte Frear

F. L. Frear, the natural father of James E. Frear, a minor, petitioned the district court of Creek county, Okla., for a writ of habeas corpus directed to R. E. Kelso and Hubert Morgan, respecting the custody of said minor child. The writ issued, and after hearing the petition and the response thereto, the district court held it was without authority to grant the writ and discharged the writ. The father appeals.

We consider the one issue of law, Did the district court of Creek county have jurisdiction to make a valid order respecting the custody of the child?

The record discloses that this child…