Ashby V. White in Europe
Definition of Ashby V. White
((1704), 2 Ld. Raymond, 938). If a legal right is infringed an action will lie, even though no damage is caused. The plaintiff, being duly qualified, had tendered his vote in an election of burgesses for Parliament, and this had been refused by the defendants as returning officers. Although the candidates for whom he would have voted were duly elected, the plaintiff brought an action and obtained a verdict. On motion in the Queen’s Bench in arrest of judgment on the ground that the action did not lie, judgment was given for the defendants, Holt, C.J., dissenting. Upon a writ of error in the House of Lords this was reversed on the grounds set forth by Holt, C. J., in the Court below. Held, that an action will lie against a returning officer for refusing the vote of a duly qualified person, and that the refusal is an injury though it be without any special damage
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Definition of Ashby V. White is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.
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