ASHBY v. WHITE Courts of King's Bench, 1702; House of Lords, 1703 CASE BRIEF

ASHBY V. WHITE
Courts of King's Bench, 1702; House of Lords, 1703
NATURE OF THE CASE: This was an action involving the exercise of the right to vote and for a violation of that civil right.
FACTS: White (D), an elections official, denied Ashby (P) his right to vote in an election. P, a free burgess of a corporation, had an undoubted right to vote in a Parliamentary election. Despite P not being allowed to vote his candidate was elected. P sued D for damages. There was no statutory or common law cause of action that allowed a remedy for this wrong. The action was dismissed and P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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