Supreme Court of Colorado September 15, 1889 (In re Allison)

Chief Justice Helm

delivered the opinion of the court.

The most serious question presented in the case at bar rests upon a challenge to the legal existence of the trial court itself. If there was no lawful court, the pretended trial and judgment were absolutely void, and it would be idle to argue that a" conviction, under such circumstances, could not be inquired into upon habeas corpus.