Ex parte Deny

By tbe Court,

Hawley, C. J. :

Petitioner represents tbat be is illegally restrained of bis liberty by tbe sheriff of Humboldt County; tbat tbe imprisonment is illegal in this, tbat said sheriff pretends to bold petitioner upon a pretended warrant of arrest issued by a justice of tbe peace of said Humboldt County; tbat said warrant is illegal, null and void, and that tbe said justice issued tbe same without authority of law.

Tbe provision of our statute tbat 11 if the imprisonment be alleged to be illegal, tbe petition must also state in what tbe alleged illegality consist” (1 Comp. L. 350),…