Toy Toy v. Hopkins, 212 U.S. 542 (1909)

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Toy Toy v. Hopkins

No. 49

Argued December 9, 1909
Decided February 23, 1909
212 U.S. 542

APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF WASHINGTON

Syllabus

After the circuit court of the United States has heard and passed on evidence affecting its jurisdiction, its judgment is open to review in the appellate court by writ of error, but the judgment cannot be attacked collaterally as absolutely void.

Even though the circuit court erroneously retains jurisdiction of a criminal case against an allottee Indian, its judgment is not void, but should be corrected on appeal or by writ of error and cannot be attacked in habeas corpus proceedings.

In re Heff, 197 U.S. 488, as explained in In re Lincoln, 202 U.S. 543, distinguished.

The facts are stated in the opinion.