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 *299on 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 one who is acting as constable, under a colorable appointment, cannot be impeached for irregularity, as that he had not been duly elected or,appointed, or had not executed the bond required by law upon. indictment for an assault and battery, on the ground that as • he was not a constable, the party was justified in resisting by force, his attempt to levy an execution.
In our case the road, had been laid off and established as a public highway by a tribunal having jurisdiction over the subject matter, the report confirmed, and an overseer appointed to take charge of the road and to keep it in repair as a public highway.
His Honor erred in holding that “ said road was not a highway.” From the argument, we infer his Honor was-misled by State v. Spainhour, 2 Dev. & Bat. 547, in which case Judge Gaston, after laying down the general principle of law which we have announced, is not fortunate in drawing the-distinction between a highway established by the-competent authority, and “ a road which had not been definitely accepted and established, in the place and stead of the old road.”
Here the road was definitely established as a public highway, and an overseer was appointed. That is a fair test. Suppose the overseer, in the exercise of his duty had been resisted by the defendant and death ensued; could the homicide be justified on the ground of some error or irregularity in the proceeding ?
*300Error. This will be certified.
Judgment reversed.