State v. . Davis
Supreme Court of North Carolina
Criminal action, tried at the Fall Term, 1872, of Rowan Superior Court, before Cloud, J. ’ The indictment was for obstructing a public highway, and on the trial the jury found the following special verdict: “ That an application was made by sundry person^, more than six, to the Board of Township Trustees of Atwell’s Township, in Rowan county, praying for the establishment of a public highway, between the points indicated in their petition.
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Criminal action, tried at the Fall Term, 1872, of Rowan Superior Court, before Cloud, J. ’ The indictment was for obstructing a public highway, and on the trial the jury found the following special verdict: “ That an application was made by sundry person^, more than six, to the Board of Township Trustees of Atwell’s Township, in Rowan county, praying for the establishment of a public highway, between the points indicated in their petition. That said Board granted the prayer of said petition on the 3d day of June, 1871. By another order/the Commissioners therein specified laid off said road,…
1Opinion of the CourtPearson, C. J.
It is a settled principle of law necessary to prevent disorganization and a general state of confusion, that when a thing is done by a tribunal having jurisdiction on the subject matter, its action cannot be impeached collaterally for any irregularity or error in the proceeding, and must be taken as valid de facto if not de jure until it be set. aside or reversed by some direct proceeding for that purpose.
A grant of vacant land issued by the proper authority,., cannot be impeached in an action of ejectment, there must be a direct proceeding to vacate the grant.
The election or appointment of…
2Cited by3 opinions
- State v. . SmithSupreme Court of North Carolina · 1888
- Town of Henderson v. DavisSupreme Court of North Carolina · 1890
- Harrall v. WallisNew Jersey Court of Chancery · 1883