While’ this is an original action, it will be treated as an appeal from the judgment of the La Porte Circuit Court denying a motion for a writ of habeas corpus, since the record shows that the petition for the writ discloses upon its face that the court was without jurisdiction to grant the writ. See Bevington v. Baker, Judge (1943), ante p. 24, 51 N. E. (2d) 635.

Judgment affirmed.

Note.—Reported in 52 N. E. (2d) 43.