specially concurring.
This case might appear similar to that of Parmele v. Mathews, 233 Or 616, 379 P2d 868, in which I joined in the dissenting opinion. However, I here concur with the majority in the belief that this case is not similar to Parmele v. Mathews. Under the pleadings and issues here involved the circuit court could not act as a probate court to appoint a guardian or as an equity court to award custody in a habeas corpus proceeding. There were no pleadings creating the issues involved either in the appointment of a guardian or the awarding of custody in a habeas corpus proceeding. The only operable pleading was the petition by the County Juvenile Officer alleging that the children were within the jurisdiction of the juvenile court and asking the juvenile court to inquire into the matter.